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

Alyssa Huber 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 received on July 3, 2020. The petition stated that the injury caused pain and impairment that continued for longer than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent agreed that the petitioner had no prior shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain.

The respondent also agreed that the petitioner suffered residual effects for more than six months and satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, a ruling on entitlement was issued finding Alyssa Huber entitled to compensation.

Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $65,000.00 for pain and suffering, which the petitioner agreed to. The court awarded Alyssa Huber a lump sum payment of $65,000.00.