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

Douglas Pierce filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus, diphtheria, acellular pertussis (Tdap) vaccine on July 23, 2021. He stated that he received the vaccine in the United States, suffered residual effects for more than six months, and had not filed a civil suit or received other compensation for the injury.

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, a defined Table injury, and that he met all legal prerequisites for compensation. A ruling on entitlement was issued on September 6, 2023, finding Mr.

Pierce entitled to compensation. Subsequently, on October 5, 2023, the respondent filed a proffer on award of compensation, recommending an award of $47,500.00 for pain and suffering, which Mr.

Pierce agreed to. The Chief Special Master issued a decision awarding Mr.

Pierce a lump sum payment of $47,500.00 for pain and suffering.