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

Ryan King filed a petition for compensation under the National Vaccine Injury Compensation Program on February 23, 2024, alleging a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination received on July 20, 2023. He alleged his symptoms continued for more than six months.

The respondent filed a Rule 4(c) report on August 1, 2024, conceding that Mr. King was entitled to compensation.

The respondent stated that Mr. King's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that he had no prior history of shoulder pain, inflammation, or dysfunction; that pain occurred within 48 hours after the vaccination; that the pain and reduced range of motion were limited to the injection shoulder; and that no other condition explained the symptoms.

The respondent further agreed that Mr. King had satisfied all legal prerequisites for compensation.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 6, 2024, finding Mr.

King entitled to compensation. Subsequently, on August 6, 2024, the respondent filed a Proffer on Award of Compensation, indicating that Mr.

King should be awarded $97,872.94. This amount comprised $90,000.00 for pain and suffering and $7,872.94 for past unreimbursable expenses.

The proffer stated that Mr. King agreed with the proffered award.

Chief Special Master Corcoran issued a Decision Awarding Damages on September 9, 2024, awarding Mr. King a lump sum payment of $97,872.94, payable to him, representing $90,000.00 for pain and suffering and $7,872.94 for past unreimbursable expenses.

Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Benjamin Rex Eisenberg of the U.S. Department of Justice.