Franklin Gallo v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2020)

Franklin Gallo, an adult, received a Tdap vaccine on September 5, 2017. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of this vaccination.

The case was filed on January 28, 2020. A ruling on entitlement was issued on January 28, 2020, finding that there was preponderant evidence to establish that the Tdap vaccine was administered to Petitioner in the left deltoid.

Respondent conceded that Petitioner suffered a SIRVA related to his vaccination and that he suffered residual effects for more than six months. Respondent also agreed that Petitioner satisfied all legal prerequisites for compensation.

Based on this concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, on April 22, 2020, a decision awarding damages was issued.

Respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded $97,500.00, which Petitioner agreed to. This amount represents compensation for all damages available under the Act, including pain and suffering, with projected pain and suffering reduced to net present value.

The court awarded Petitioner a lump sum payment of $97,500.00.