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

Filed 2023-08-10Decided 2024-11-15Vaccine Tdap
compensated$60,000

Case summary [AI summaries can sometimes make mistakes]

Gloria Hernandez 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 tetanus-diphtheria-acellular pertussis (Tdap) and pneumococcal conjugate (Prevnar) vaccinations on February 17, 2021. She further alleged that her injury resulted in sequelae lasting more than six months.

The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites for compensation. A Ruling on Entitlement was issued on July 15, 2024, finding her entitled to compensation.

Subsequently, on October 3, 2024, the respondent filed a Proffer on award of compensation, recommending an award of $60,000.00 for pain and suffering, which the petitioner agreed to. The Chief Special Master issued a Decision Awarding Damages on November 15, 2024, awarding Gloria Hernandez a lump sum payment of $60,000.00 for pain and suffering, representing compensation for all damages available under the Act.

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