Nicole Fey v. HHS - Td, right shoulder injury related to vaccine administration (SIRVA) (2023)

Nicole Fey filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus diphtheria (Td) vaccine on June 5, 2018. She claimed the injury was a defined Table injury and that she suffered residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, initially did not defend the case on other grounds after a factual ruling confirmed the severity requirement. The respondent conceded that Ms.

Fey satisfied the criteria for SIRVA and all legal prerequisites for compensation. Consequently, the Chief Special Master issued a ruling on entitlement, finding Ms.

Fey entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $55,480.00, which included $55,000.00 for pain and suffering and $480.00 for past unreimbursable expenses.

Ms. Fey agreed with this proffered award.

The Chief Special Master issued a decision awarding the recommended lump sum payment to Ms. Fey, concluding the case.