Patricia L. Guzowski v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Patricia L. Guzowski filed a petition for compensation under the National Vaccine Injury Compensation Program on June 21, 2018.

She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of a tetanus/diphtheria/acellular pertussis (Tdap) vaccine administered on January 25, 2016. The petition stated that the vaccine was administered in the United States, that the residual effects of the injury lasted for more than six months, and that there had been no prior award or settlement of a civil action for damages related to her condition.

The respondent, the Secretary of Health and Human Services, denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injuries or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on July 2, 2019, agreeing to settle the case.

Chief Special Master Nora Beth Dorsey adopted the stipulation. As compensation, Ms.

Guzowski was awarded a lump sum of $45,000.00, payable by check to petitioner. This amount was designated to cover all items of damages available under the Vaccine Act.

The parties also agreed to further proceedings to determine reasonable attorneys' fees and costs. The decision was issued on October 17, 2019.

Petitioner was represented by Daniel Henry Pfeifer of Pfeifer, Morgan & Stesiak, and respondent was represented by Heather Lynn Pearlman of the U.S. Department of Justice.