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

Salvador Monarrez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a Tetanus Diphtheria acellular Pertussis (Tdap) vaccination administered on October 6, 2016, caused a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit.

Respondent filed a Rule 4(c) report conceding that the petitioner's medical course was consistent with SIRVA as defined by the Vaccine Injury Table. Respondent confirmed that Monarrez had no pre-vaccination history of shoulder issues, the pain occurred within 48 hours after the vaccination, and the pain and reduced range of motion were limited to the injection shoulder.

No other condition was identified to explain the symptoms, and the injury's residual effects lasted more than six months. Based on the respondent's concession and the evidence, a ruling on entitlement was issued finding Monarrez entitled to compensation.

Subsequently, a decision awarding damages was issued. Respondent filed a proffer recommending an award of $67,500.00, representing compensation for all damages available under the Vaccine Act, which Monarrez agreed to.

The court awarded Monarrez a lump sum payment of $67,500.00.