Kerry Ann Fletcher v. HHS - SIRVA, bilateral shoulder injury related to vaccine administration (SIRVA) (2024)

Kerry Ann Fletcher filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a bilateral shoulder injury related to vaccine administration (SIRVA) from a pneumococcal conjugate vaccine in her left arm and a tetanus diphtheria acellular pertussis (Tdap) vaccine in her right arm, both received on December 7, 2020. The respondent conceded that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior shoulder issues, pain occurred within 48 hours of vaccination, and the pain was limited to the injection sites.

The respondent also agreed that her symptoms persisted for more than six months and that she met all legal prerequisites for compensation. A ruling on entitlement was issued on September 26, 2023, finding her entitled to compensation.

Subsequently, on December 1, 2023, the respondent filed a proffer recommending an award of $73,000.00 for pain and suffering, plus funds to satisfy a Medicaid lien. Petitioner agreed with this proposed award.

The decision awarding damages, dated January 4, 2024, granted a lump sum payment of $73,000.00 for pain and suffering and an additional $5,579.35 to satisfy the Medicaid lien, for a total award of $78,579.35.