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

Patrick Simmons filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from a tetanus diphtheria acellular pertussis (Tdap) vaccine received on September 29, 2021. The petition was filed on June 17, 2022.

Respondent conceded that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that he 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. Respondent also agreed that Petitioner suffered residual effects for more than six months and met all legal prerequisites for compensation.

A ruling on entitlement was issued on January 3, 2024, finding Petitioner entitled to compensation. Subsequently, on February 5, 2024, Respondent filed a proffer on award of compensation, proposing an award of $85,013.42, which Petitioner accepted.

This amount comprised $84,500.00 for pain and suffering and $513.42 for past unreimbursable expenses. A decision awarding damages was issued on March 12, 2024, granting the lump sum payment to Patrick Simmons, who is a competent adult.