Fayth Brennan v. HHS - Td, shoulder injury related to vaccine administration (SIRVA) (2024)

Fayth Brennan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from a tetanus diphtheria (Td) vaccine received on November 7, 2019. The Chief Special Master ruled that Fayth Brennan was entitled to compensation, finding that the onset of her shoulder pain occurred within 48 hours of vaccination and that she met the criteria for SIRVA.

The case then proceeded to determine damages. Fayth Brennan, an adult, received a Td vaccine in her right deltoid.

She reported pain at the injection site and limited range of motion shortly after vaccination, which she self-treated for several months due to her background as a physical therapy assistant and her husband's profession as a chiropractor. She eventually sought treatment from her husband, Dr.

John Brennan, who is also her primary care physician, and later from an orthopedist and physical therapist. Medical records indicated a small tear in her supraspinatus tendon and adhesive capsulitis.

The respondent argued that the injury was mild and that the chiropractic treatment provided by her husband was not entirely related to the SIRVA. After considering the evidence, the court awarded Fayth Brennan $40,000.00 for pain and suffering and $2,364.49 for out-of-pocket expenses, totaling $42,364.49.

The court noted that while Dr. Brennan's records were used to establish entitlement, his close relationship with the petitioner raised concerns about objectivity in the damages assessment, leading to an award considered appropriate for a milder SIRVA case.