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

John Kiser filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccination he received on April 19, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr.

Kiser's injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he suffered residual effects for more than six months. Based on the respondent's concession and the evidence, the court found Mr.

Kiser entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation.

The respondent recommended, and Mr. Kiser agreed, that he should be awarded $77,617.05.

This amount was comprised of $75,000.00 for pain and suffering and $2,617.05 for past unreimbursable expenses. The court awarded Mr.

Kiser this lump sum payment. The case proceeded as a Table claim, and entitlement was granted, leading to a stipulated award of damages.