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

Tina Paxson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from a tetanus diphtheria acellular pertussis (Tdap) vaccine she received on August 5, 2020. She stated that the vaccination occurred in the United States, her symptoms persisted for more than six months, and she had not filed any other action or received compensation for this injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Paxson was entitled to compensation.

The respondent determined that she had no prior history of shoulder issues, her pain and reduced range of motion began within 48 hours of the vaccination, her symptoms were confined to the injection site shoulder, and no other condition explained her symptoms. The respondent also confirmed the case was timely filed, the vaccine was administered in the U.S., and the severity requirement was met.

Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Paxson entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent proffered an award of $57,286.57 for all damages available under the Vaccine Act, which Ms.

Paxson agreed to. The court awarded Ms.

Paxson a lump sum payment of $57,286.57.