Tabitha Smith v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Tabitha Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on January 6, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccination on or about August 5, 2020. She claimed to have experienced residual effects of this injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Ms. Smith's left shoulder injury or any other condition.
Despite this denial, the parties reached a joint stipulation to settle the case. The stipulation stated that the Tdap vaccine is contained in the Vaccine Injury Table, and Ms.
Smith alleged her injury had residual effects for over six months. The parties agreed that a decision should be entered awarding compensation.
Chief Special Master Corcoran adopted the stipulation as the decision awarding damages. Ms.
Smith was awarded a lump sum of $20,000.00 as compensation for all items of damages available under the Vaccine Act. This award represents a settlement of liability and damages, and the United States does not admit that the Tdap vaccine caused Ms.
Smith's injury.
Source PDFs
USCOURTS-cofc-1_21-vv-00164