John Russell Foster v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2023)

John Russell Foster filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccination he received on February 5, 2020. The respondent conceded that Mr.

Foster's injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent noted that Mr.

Foster had no prior history of shoulder issues, experienced pain within 48 hours of the vaccination in the injection shoulder, and no other condition explained the pain. Furthermore, the respondent agreed that Mr.

Foster suffered residual effects for more than six months, satisfying all legal prerequisites for compensation. A ruling on entitlement was issued on July 25, 2023, finding Mr.

Foster entitled to compensation. Subsequently, on August 14, 2023, the respondent filed a proffer recommending an award of $42,500.00 for pain and suffering, which Mr.

Foster agreed to. The Chief Special Master issued a decision awarding Mr.

Foster a lump sum payment of $42,500.00.