Sally Nellson-Barrett v. HHS - Td, shoulder injury related to vaccine administration (SIRVA) (2025)

Sally Nellson-Barrett filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Table injury, specifically shoulder injury related to vaccine administration (SIRVA), as a result of a Tetanus-diphtheria (Td) vaccination received on March 29, 2022. She stated that she received the vaccine in the United States, suffered residual effects for more than six months, and had no prior award or settlement.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent noted that she had no prior history of shoulder issues, the pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injection site, with no other identified condition explaining the symptoms.

The ruling on entitlement found Sally Nellson-Barrett entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, proposing an award of $90,000.00 for pain and suffering and $155.97 for unreimbursed expenses, which the petitioner agreed to.

The decision awarding damages granted a lump sum payment of $90,155.97 to be paid to the petitioner's counsel for disbursement.