Mary Jo Maleport v. HHS - Tdap, brachial neuritis and a shoulder injury related to vaccine administration (SIRVA) (2017)

Mary Jo Maleport filed a petition for compensation under the National Vaccine Injury Compensation Program on July 21, 2015, alleging that she suffered brachial neuritis and a shoulder injury related to vaccine administration (SIRVA) as a result of receiving a Tdap vaccine on or about July 31, 2012. The petition stated that the vaccine was administered in the United States, that she experienced residual effects of her injury for more than six months, and that there had been no prior award or settlement of a civil action for damages.

Respondent denied that the Tdap vaccine caused petitioner's alleged brachial neuritis or SIRVA, or any other injury or her current condition. On March 17, 2017, the parties filed a joint stipulation for damages, agreeing that petitioner should receive compensation.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a total of $31,490.02.

This amount included a lump sum of $30,000.00 for all damages and a lump sum of $1,490.02 to reimburse a State of Michigan lien. The $1,490.02 was to be paid via a check jointly payable to petitioner and the Michigan Department of Health and Human Services, which petitioner agreed to endorse to the department.

Petitioner was represented by Mark T. Sadaka of Mark T.

Sadaka, LLC, and respondent was represented by Robert P. Coleman, III, of the U.S.

Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details of the injury, diagnostic tests, treatments, or the mechanism of causation.