Stacy Ratzlaff v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Stacy Ratzlaff filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her Tdap vaccination on November 15, 2016. The respondent, the Secretary of Health and Human Services, reviewed the evidence and the court's prior findings.
The respondent indicated that he would not contest entitlement, recognizing that the court had previously found that Ms. Ratzlaff experienced pain within forty-eight hours of her vaccination.
The respondent further submitted that Ms. Ratzlaff satisfied the criteria for SIRVA as set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation.
Specifically, the respondent noted that Ms. Ratzlaff had no prior history of shoulder pain or dysfunction that would explain her post-vaccination symptoms, that the onset of pain occurred within forty-eight hours after the vaccination, that the pain was limited to the shoulder in which the vaccine was administered, and that no other condition or abnormality was identified to explain her pain.
Based on the respondent's position and the evidence, the Special Master found that Ms. Ratzlaff is entitled to compensation.
The case was therefore entitled, pending a decision on damages.
Source PDFs
USCOURTS-cofc-1_18-vv-01017