Anthony Rucker v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2019)

On October 23, 2017, Anthony Rucker filed a petition for compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine he received on April 12, 2016.

Mr. Rucker stated that the vaccine was administered in the United States and that his injury lasted more than six months.

He also affirmed that neither he nor any other party had brought an action or received compensation for his vaccine-related injuries. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr.

Rucker's alleged right SIRVA or any other injury, and further denied that his current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denial, on January 23, 2019, the parties filed a joint stipulation for compensation.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Anthony Rucker was awarded a lump sum of $50,000.00, payable by check to the petitioner, as compensation for all items of damages available under § 15(a).

The decision was filed on February 27, 2019. Petitioner's counsel was Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA, and respondent's counsel was Lisa Ann Watts of the U.S.

Department of Justice.