Paul Bishop v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2023)

Paul Bishop filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus, diphtheria, acellular pertussis (Tdap) vaccine on March 12, 2020. SIRVA is a defined Table Injury.

The respondent initially contested entitlement, arguing that Mr. Bishop had not met the statutory six-month residual effects requirement.

However, after the Chief Special Master issued a fact ruling finding that Mr. Bishop had indeed suffered the residual effects for more than six months, the respondent filed an amended report.

In this amended report, the respondent conceded that Mr. Bishop suffered SIRVA as defined by the Vaccine Injury Table and did not dispute that all legal prerequisites for compensation had been satisfied.

Based on the respondent's concession and the evidence of record, the Chief Special Master found Mr. Bishop entitled to compensation.

Subsequently, a damages decision was issued based on a proffer from the respondent. The proffer indicated that Mr.

Bishop should be awarded $56,402.85, which included $55,000.00 for pain and suffering, $982.41 for past expenses, and $420.44 for lost wages. Mr.

Bishop agreed with this proffered award. The court awarded Mr.

Bishop a lump sum payment of $56,402.85.