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

Amy Scarfpin filed a petition for compensation under the National Vaccine Injury Compensation Program on April 13, 2022, alleging a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on October 2, 2020. She later filed an amended petition on November 6, 2023.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 7, 2023, conceding that Ms. Scarfpin's alleged injury was consistent with SIRVA, a condition listed in the Vaccine Injury Table, and that she met all legal prerequisites for compensation.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 7, 2023, finding Ms.

Scarfpin entitled to compensation. Subsequently, on November 17, 2023, the respondent filed a Proffer on Award of Compensation, which Ms.

Scarfpin agreed to. In this proffer, the respondent recommended an award of $85,420.00, comprising $85,000.00 for pain and suffering and $420.00 for past unreimbursable expenses.

Chief Special Master Corcoran issued a Decision Awarding Damages on November 17, 2023, adopting the terms of the proffer and awarding Ms. Scarfpin a lump sum payment of $85,420.00.

This award represents compensation for all damages available under the Act. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and respondent was represented by Dorian Hurley of the U.S.

Department of Justice. The decision was corrected and filed on December 19, 2023.