Dennis Smalley v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Dennis Smalley filed a petition for compensation under the National Vaccine Injury Compensation Program on May 31, 2017, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following receipt of a Tetanus, Diphtheria, Acellular Pertussis (Tdap) vaccine on April 22, 2016. Mr.

Smalley alleged that the vaccine was administered in the United States and that he experienced residual effects of the injury for more than six months. He also stated there had been no prior award or settlement of a civil action for damages on his behalf.

The respondent, the Secretary of Health and Human Services, denied that Mr. Smalley sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injuries or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation on April 14, 2020, agreeing to settle the case. Chief Special Master Brian H.

Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Mr.

Smalley was awarded a lump sum of $67,500.00, payable by check to the petitioner, as compensation for all items of damages available under the Vaccine Act. This decision was made on May 20, 2020.

The stipulation noted that the Tdap vaccine is contained in the Vaccine Injury Table. Petitioner was represented by Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA, and respondent was represented by Claudia Barnes Gangi of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments related to Mr.

Smalley's alleged injury, nor does it name any medical experts.