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

Kimberly Robichaux filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine she received on April 10, 2019. She alleged the vaccine was administered in the United States, her injury lasted longer than six months, and she had not received prior compensation for the injury.

The respondent conceded that Ms. Robichaux was entitled to compensation, agreeing that she met the criteria for SIRVA as defined by the Vaccine Injury Table and the Qualifications and Aids to Interpretation.

The respondent also confirmed that the case was timely filed, the vaccine was administered in the U.S., and the injury met the statutory severity requirement of lasting more than six months. Based on the respondent's concession and the evidence of record, the Chief Special Master found Ms.

Robichaux entitled to compensation. Subsequently, the parties reached a proffer agreement for an award of compensation.

The decision awarded Ms. Robichaux a lump sum payment of $134,867.76, consisting of $130,000.00 for past pain and suffering and $4,867.76 for out-of-pocket expenses, representing all damages available under the program.