Shilo Birnie v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2023)

Shilo Birnie filed a petition for compensation under the National Vaccine Injury Compensation Program on January 5, 2023, alleging a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination received on June 7, 2021. Birnie further alleged that the SIRVA injury persisted for longer than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer of Damages on December 29, 2023, conceding that Birnie was entitled to compensation. The respondent stated that Birnie's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that Birnie had no prior history of left shoulder pain, inflammation, or dysfunction, that pain occurred within 48 hours after the vaccination, that the pain was limited to the vaccinated shoulder, and that no other condition or abnormality was identified to explain the shoulder pain.

The respondent also agreed that Birnie had satisfied all legal prerequisites for compensation under the Act. Based on the respondent's position and the evidence of record, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on January 30, 2024, finding Birnie entitled to compensation. Subsequently, on December 29, 2023, Chief Special Master Corcoran issued a decision awarding Birnie a lump sum payment of $63,765.65.

This award comprised $60,000.00 for pain and suffering and $3,765.65 for past unreimbursable expenses. The award was to be paid in the form of a check payable to Petitioner.

Petitioner was represented by Catherine Wallace Costigan of Maglio Christopher & Toale, and Respondent was represented by Ryan Pohlman Miller of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury beyond its classification as SIRVA. No specific medical experts were named in the provided text.