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

Colleen Sherman filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on March 19, 2021. She also received a shingles vaccine on the same day.

Sherman alleged that the injury had residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that Sherman sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury or any other condition.

Despite these denials, the parties filed a joint stipulation agreeing to a settlement. The court adopted the stipulation as its decision, awarding Sherman $60,000.00 as compensation for all damages available under the Vaccine Act.

This amount represents a compromise of the parties' respective positions on liability and damages. The stipulation also noted that the parties would submit to further proceedings to award reasonable attorneys' fees and costs.