Carol Winston v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2024)

Carol Winston filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on August 25, 2020. She claimed the injury was a Table injury and that she experienced residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, denied that Ms. Winston sustained a SIRVA Table injury or that the Tdap vaccine caused her alleged injury.

Despite these differing positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision.

Ms. Winston 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, with the parties agreeing to the terms outlined in the stipulation.