Dana Smith v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Dana Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on December 28, 2020. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on August 5, 2019.

The case was assigned to the Special Processing Unit. On June 10, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA, which is a Table injury.

Respondent filed a proffer on award of compensation on June 24, 2022, indicating Petitioner should be awarded $68,217.62. This amount represents $67,500.00 for pain and suffering and $717.62 for past unreimbursable expenses.

Petitioner agreed with the proffered award. Chief Special Master Brian H.

Corcoran issued a decision awarding Dana Smith a lump sum payment of $68,217.62, representing compensation for all damages available under the Act. Petitioner was represented by Amy A.

Senerth of Muller Brazil, LLP, and Respondent was represented by Mary Eileen Holmes of the U.S. Department of Justice.

The decision was issued on June 24, 2022.