Michael Mezzacapo v. HHS - SIRVA, Shoulder Injury Related to Vaccine Administration (“SIRVA”) (2022)

Michael Mezzacapo filed a petition for compensation under the National Vaccine Injury Compensation Program on December 27, 2018, alleging he suffered a right Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine and a Tdap vaccine. The petition stated that the condition's residual effects lasted for more than six months, that there had been no prior award or settlement of a civil action for damages, and that the vaccines were administered in the United States.

The respondent denied that the petitioner sustained a Table SIRVA within the Table timeframe and denied that the Tdap vaccine and/or flu vaccine caused his alleged shoulder injury and residual effects, or any other injury. Despite the respondent's denials, the parties filed a joint stipulation on January 25, 2022, agreeing that a decision should be entered awarding compensation.

Special Master Daniel T. Horner found the stipulation reasonable and adopted it as the decision of the Court.

Pursuant to the stipulation, Michael Mezzacapo was awarded a lump sum of $50,532.58, payable to the petitioner, as compensation for all items of damages available under the Vaccine Act. The case was resolved via stipulation, with the respondent contesting entitlement but agreeing to compensation.

Leah Durant represented the petitioner, and Voris E. Johnson represented the respondent.

The decision was issued on February 23, 2022.