Rosa Ortiz v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2021)

Rosa Ortiz filed a petition for compensation under the National Vaccine Injury Compensation Program on April 22, 2021, alleging a left shoulder injury related to vaccine administration (SIRVA) from a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine received on October 2, 2017. The petition stated that the vaccine was administered in the United States, that she experienced residual effects of her injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf.

The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused petitioner's alleged shoulder injury or any other condition, but conceded that petitioner sustained a SIRVA Table injury. On April 21, 2021, the parties filed a joint stipulation agreeing that compensation should be awarded.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision.

Pursuant to the stipulation, Chief Special Master Corcoran awarded Rosa Ortiz a lump sum of $81,200.00, payable by check to the petitioner, to cover pain and suffering and past unreimbursable medical expenses. This amount represented compensation for all items of damages available under Section 15(a) of the program.

The decision was issued on May 24, 2021. Petitioner was represented by Edward M.

Kraus of the Law Offices of Chicago Kent, and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice.