Rebecca Pick v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2024)

Rebecca Pick filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) resulting from a tetanus diphtheria acellular pertussis (Tdap) vaccine received on June 13, 2022. She alleged that the vaccine was received in the United States, her injuries have lasted for more than six months, and no civil action for damages has been brought.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Pick is entitled to compensation.

The respondent agreed that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior history of shoulder issues, pain occurred within 48 hours of vaccination, the pain was limited to the injection shoulder, and no other condition explained the pain. The respondent also agreed that her condition lasted more than six months and that she satisfied all legal prerequisites for compensation.

A ruling on entitlement was issued on January 29, 2024, finding Ms. Pick entitled to compensation.

Subsequently, on May 8, 2024, the respondent filed a proffer on award of compensation, recommending an award of $130,077.41, which included $125,000.00 for pain and suffering and $5,077.41 for past unreimbursable expenses. Ms.

Pick agreed with this proffered award. The Chief Special Master issued a decision awarding Ms.

Pick a lump sum payment of $130,077.41.