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

Lewis Schweighauser filed a petition for compensation under the National Vaccine Injury Compensation Program on October 11, 2022, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on August 8, 2021. He further alleged that his injury resulted in residual effects lasting longer than six months.

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 as defined by the Vaccine Injury Act. The respondent confirmed that the petitioner 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.

The respondent agreed that the petitioner met all legal prerequisites for compensation. Subsequently, a ruling on entitlement was issued on June 5, 2024, finding the petitioner entitled to compensation.

On July 15, 2024, the respondent filed a proffer on award of compensation, proposing an award of $100,531.87, which included $100,000.00 for pain and suffering and $531.87 for past unreimbursed expenses. The petitioner agreed with this proffered award.

On August 20, 2024, the Chief Special Master issued a decision awarding the petitioner a lump sum payment of $100,531.87.