Luisa Gomes v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2018)

Luisa Gomes filed a petition for compensation under the National Vaccine Injury Compensation Program on July 7, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) in her right shoulder following a Tetanus-diphtheria-acellular-pertussis (Tdap) vaccination on July 16, 2013. The case was assigned to the Special Processing Unit.

On December 15, 2016, the respondent filed a Rule 4(c) report conceding that the petitioner was entitled to compensation. The respondent concluded that a preponderance of evidence established that the injury to petitioner’s right shoulder was caused by the Tdap vaccination and agreed that the injury was compensable as a "caused-in-fact" injury under the Vaccine Act.

Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on December 15, 2016, finding Luisa Gomes entitled to compensation. Subsequently, on July 10, 2017, the respondent filed a proffer on award of compensation, recommending an award of $75,276.18, which the petitioner agreed to.

In a decision dated May 17, 2018, Chief Special Master Dorsey awarded Luisa Gomes a lump sum payment of $75,276.18, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner counsel was Ronald Homer of Conway, Homer, P.C.

Respondent counsel was Traci R. Patton of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury beyond it being a SIRVA caused by the vaccination.