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

Jenny Neidig, a 66-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on March 7, 2023. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccination on July 21, 2021.

Ms. Neidig further alleged that she suffered the residual effects of her injury for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 5, 2024, conceding that Ms. Neidig is entitled to compensation.

The respondent stated that her alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that she has satisfied all legal prerequisites for compensation. A Ruling on Entitlement was issued on April 8, 2024, finding Ms.

Neidig entitled to compensation. Subsequently, on April 5, 2024, the respondent filed a Proffer on award of compensation, indicating that Ms.

Neidig should be awarded $55,000.00 for pain and suffering and $100.00 for past unreimbursable expenses, totaling $55,100.00. The petitioner agreed with this proffered award.

A Decision Awarding Damages was issued on May 10, 2024, awarding Ms. Neidig a lump sum payment of $55,100.00, payable to her, for pain and suffering and past unreimbursable expenses.

This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical experts, or the precise mechanism of injury beyond its classification as SIRVA.

Petitioner was represented by Jonathan Joseph Svitak of Shannon Law Group, P.C., and respondent was represented by Joseph Douglas Leavitt of the U.S. Department of Justice.

The decision was signed by Chief Special Master Brian H. Corcoran.