Zaira Guzman-Avila v. HHS - Tdap, benign tumor in her right upper arm (2022)

On February 19, 2016, Zaira Guzman-Avila, initially represented by her mother, filed a petition alleging that she developed a benign tumor in her right upper arm following vaccinations. She received the tetanus-diphtheria-acellular pertussis (Tdap) and Varicella vaccinations on August 22, 2013, and an influenza (flu) vaccination on November 14, 2013.

The case caption was later amended when Zaira reached the age of majority. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused the alleged benign arm lesion or cyst, or any other injury.

On August 16, 2022, the parties filed a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court.

Zaira Guzman-Avila was awarded $19,115.84 in compensation, representing a lump sum payable by check to Petitioner, for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation.

Petitioner was represented by Edward Kraus of Kraus Law Group, LLC, and Respondent was represented by Alexis B. Babcock of the U.S.

Department of Justice.