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

Gina Crete filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from a Tdap vaccine received on May 29, 2019. She stated the vaccine was administered in the United States and that she suffered residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner is entitled to compensation. The respondent agreed that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting no prior shoulder issues, pain within 48 hours of vaccination, and pain localized to the injection site.

The respondent also agreed that Petitioner satisfied the legal prerequisites for compensation, including suffering residual effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement.

Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $68,494.76, which included $67,500.00 for pain and suffering and $994.76 for past unreimbursable expenses. Petitioner agreed with this proffered award.

The Chief Special Master issued a decision awarding Gina Crete the lump sum of $68,494.76.