Scott Schlosser v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2015)

Scott Schlosser filed a petition on June 28, 2013, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccination he received on August 13, 2010 caused him to suffer a shoulder injury related to vaccine administration (SIRVA) and that he experienced the residual effects of this injury for more than six months. The parties agreed that petitioner suffered a SIRVA from the Tdap vaccine and that there was not a preponderance of evidence that his condition was due to a factor unrelated to the vaccination.

The parties agreed to a joint stipulation filed July 9, 2014 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $110,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $13,500.00, payable jointly to petitioner and his counsel, Elizabeth M.

Muldowney of Rawls, McNelis and Mitchell, P.C. Petitioner had not personally incurred any out-of-pocket litigation expenses.