Tara Leach v. HHS - Influenza, left shoulder injuries related to vaccine administration (SIRVA) (2023)

Tara Leach filed a petition for compensation on December 11, 2020, alleging she suffered left shoulder injuries related to vaccine administration (SIRVA) from an influenza vaccine received on November 8, 2019. Petitioner stated the vaccine was administered in the United States, her injuries lasted more than six months, and no other action or compensation had been sought for these injuries.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 6, 2022, conceding entitlement to compensation. The respondent agreed that Ms.

Leach had no prior history of left shoulder pain, inflammation, or dysfunction; her pain and reduced range of motion occurred within 48 hours of the vaccination; her symptoms were confined to the vaccinated shoulder; and no other condition could explain her symptoms. Based on the respondent's concession and the evidence, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on May 9, 2022, finding Ms. Leach entitled to compensation.

Subsequently, on February 6, 2023, the parties filed a Proffer on Award of Compensation. The proffer indicated that Ms.

Leach agreed to an award of $77,500.00 for pain and suffering and $202.38 to satisfy the State of Pennsylvania Medicaid lien. Chief Special Master Corcoran issued a Decision Awarding Damages on February 6, 2023, granting the total award of $77,702.38, consisting of a lump sum check for $77,500.00 payable to Ms.

Leach and a lump sum check for $202.38 payable jointly to Ms. Leach and the Department of Human Services for the Medicaid lien.

Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Lauren Kells and later Amanda Pasciuto of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond it being a SIRVA.