Gail Sears v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On November 21, 2023, Gail Sears filed a petition alleging that a tetanus-diphtheria-acellular pertussis vaccination administered on January 18, 2021 caused a shoulder injury related to vaccine administration. Respondent filed a Rule 4(c) report conceding that Ms.
Sears's injury was consistent with Table SIRVA and that she met the legal prerequisites for compensation. Chief Special Master Brian H.
Corcoran found entitlement on November 22, 2024. The public entitlement and damages documents do not describe her first symptom, treatment, imaging, injections, therapy, or functional limits.
On February 6, 2025, the Chief Special Master awarded $82,570.50 based on respondent's proffer: $77,500.00 for pain and suffering, $2,033.00 for past unreimbursable expenses, and $3,037.50 for past lost wages, paid through counsel's IOLTA account. A later October 15, 2025 decision addressed attorneys' fees and costs only.
Theory of causation
Adult petitioner; Tdap vaccine January 18, 2021; Table SIRVA. COMPENSATED. Respondent conceded entitlement; entitlement November 22, 2024; damages February 6, 2025. Award $82,570.50 = $77,500.00 pain/suffering + $2,033.00 expenses + $3,037.50 lost wages. Public text lacks clinical chronology. SM Corcoran. Petition filed November 21, 2023.
Source PDFs
USCOURTS-cofc-1_23-vv-02018