Carol A. Marsyla v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2016)

Carol A. Marsyla filed a petition for compensation under the National Vaccine Injury Compensation Program on October 9, 2015, alleging that she received a tetanus, diphtheria, acellular pertussis (Tdap) vaccine on November 8, 2013, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA).

The case was assigned to the Special Processing Unit. On December 9, 2015, the respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation.

The respondent agreed that the alleged injury was consistent with SIRVA, was caused by the Tdap vaccination, and that petitioner met the six-month duration requirement. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on December 10, 2015, finding petitioner entitled to compensation.

Subsequently, on March 21, 2016, the parties filed a proffer on award of compensation. The respondent proffered that petitioner should be awarded $100,000.00, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a) for her vaccine-related injury, and petitioner agreed with this award.

On May 16, 2016, Chief Special Master Dorsey issued a decision awarding Carol A. Marsyla a lump sum payment of $100,000.00, payable by check to petitioner.

Petitioner was represented by Kate Gerayne Westad of Lommen Abdo Law Firm, and respondent was represented by Debra A. Filteau Begley of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.