Cecilia Ortiz v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2024)

Cecilia Ortiz filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine administered on January 20, 2016. She further alleged that her injuries lasted for more than six months.

Initially, the respondent contested entitlement, arguing that the onset of her shoulder pain was not within 48 hours of vaccination. However, after a ruling on entitlement found that her shoulder pain likely began within the 48-hour timeframe for a Table claim, the respondent amended their position.

In an amended Rule 4(c) report, the respondent conceded that Ms. Ortiz was entitled to compensation, agreeing that she met the criteria for a Table SIRVA injury, including no prior shoulder issues, onset within 48 hours, pain limited to the injection site, no other identified condition, and residual effects lasting more than six months.

Based on this concession and the evidence, the court found Ms. Ortiz entitled to compensation.

Subsequently, a decision awarding damages was issued. The parties agreed to a proffer of compensation, and the court awarded Ms.

Ortiz a total of $161,200.00. This amount included $81,500.00 for pain and suffering and $79,700.00 for past unreimbursable expenses, which were paid jointly to Ms.

Ortiz and various medical providers including Avant Surgery Center, LLC, Dacoma Anesthesia, Magna Surgery Center, and Veritas Pain Management.