Miriam Olinger v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2023)

Miriam Olinger filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a Tdap vaccine she received on August 30, 2019. She further alleged that she had suffered from her injury for more than six months.

The respondent conceded that Petitioner is entitled to compensation, noting that she had no prior history of shoulder issues, her pain occurred within 48 hours after vaccination, was limited to the shoulder of administration, and no other condition explained the pain. The respondent also agreed that her condition persisted for more than six months.

Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, the parties agreed to a damages award.

The respondent proffered an award of $65,000.00 for pain and suffering, which Petitioner accepted. The court issued a decision awarding Miriam Olinger a lump sum payment of $65,000.00 as compensation for all damages available under the Act.