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

Maria Vasquez filed a petition on November 1, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she sustained a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccine administered to her right shoulder on August 2, 2016.

Ms. Vasquez further claimed that she experienced residual effects from this condition for more than six months.

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

Despite these denials, the parties filed a joint stipulation on June 24, 2020, agreeing to settle the case. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Ms.

Vasquez was awarded $42,500.00 as compensation for all items of damages available under the Vaccine Act. This award was to be paid as a lump sum via check payable to the petitioner.

The decision noted that the case was resolved via stipulation, and the court was directed to enter judgment in accordance with the agreement, unless a motion for review was filed. Petitioner was represented by Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA, and respondent was represented by Colleen Clemons Hartley of the U.S.

Department of Justice.