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

Carol Gutierrez filed a petition for compensation under the National Vaccine Injury Compensation Program on December 7, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccination on December 1, 2015. The Tdap vaccine is on the Vaccine Injury Table.

Respondent denied that petitioner sustained a SIRVA Table injury or that the vaccine caused her alleged SIRVA and its residual effects. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Carol Gutierrez was awarded a lump sum of $38,100.00 as compensation for all items of damages available under the Vaccine Act.

The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.