Ashley MacAlister v. HHS - tetanus, shoulder injury related to vaccine administration (SIRVA) (2024)

Ashley MacAlister filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from a tetanus vaccination received on September 17, 2021. The respondent, the Secretary of Health and Human Services, conceded that Ms.

MacAlister is entitled to compensation. The respondent found that her injury was consistent with SIRVA, noting she had no prior history of shoulder pain, the pain occurred within 48 hours of the vaccination, it was limited to the injection site, and no other condition explained the pain.

Furthermore, the respondent agreed that Ms. MacAlister suffered residual effects for more than six months.

Based on the respondent's concession and the evidence, the Chief Special Master found Ms. MacAlister entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent proffered an award of $85,000.00 for pain and suffering and $5,129.83 to satisfy a State of Montana Medicaid lien.

Ms. MacAlister agreed with the proffered award.

The court awarded a total of $90,129.83, comprising a lump sum payment for pain and suffering and a payment to satisfy the Medicaid lien.