Susan Rogers v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2025)

Susan Rogers filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from a tetanus diphtheria acellular pertussis (Tdap) vaccine received on September 20, 2020. She alleged that the vaccine was administered in the United States, she suffered residual effects of her injury for more than six months, and no civil action had been filed for her injury.

The respondent conceded that Petitioner is entitled to compensation, agreeing that her injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent confirmed that Petitioner had no prior shoulder issues, the pain occurred within 48 hours after vaccination, was limited to the shoulder of administration, and no other condition explained the pain.

The respondent also agreed that Petitioner suffered residual effects for more than six months and satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on July 30, 2024, finding Petitioner entitled to compensation.

Subsequently, on January 6, 2025, the respondent filed a proffer on award of compensation, recommending an award of $85,000.00 for pain and suffering, which Petitioner agreed to. The Chief Special Master issued a decision awarding Petitioner a lump sum payment of $85,000.00 for pain and suffering.