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

On November 20, 2018, Anthony Arbona filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccination on June 6, 2017. Mr.

Arbona stated that the vaccination was administered in the United States and that he experienced residual effects of his injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that Mr.

Arbona sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injuries or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation on July 8, 2020, agreeing to settle the case.

The stipulation noted that the Tdap vaccine is on the Vaccine Injury Table and that Mr. Arbona experienced residual effects of his injury for more than six months.

Chief Special Master Brian H. Corcoran adopted the stipulation as the decision awarding damages.

Mr. Arbona was awarded a lump sum of $53,749.00, representing compensation for all damages available under the Vaccine Act.

The decision was filed on August 12, 2020. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.