Charles Silvestri v. HHS - Tdap, left shoulder injury (2022)

Charles Silvestri filed a petition for compensation on July 18, 2019, alleging he suffered a left shoulder injury, specifically Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of a tetanus diphtheria acellular pertussis (Tdap) vaccine he received on January 9, 2019. Mr.

Silvestri alleged that the effects of his injury lasted for more than six months and that he had not received any prior award or settlement for his condition. The respondent, the Secretary of Health and Human Services, denied that Mr.

Silvestri sustained a SIRVA Table injury, denied that the Tdap vaccine caused or significantly aggravated his alleged shoulder injuries or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on December 21, 2021, agreeing to a settlement.

Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Mr.

Silvestri $40,000.00 in compensation for all items of damages. This award represents a compromise of liability and damages.

The case was presented as a Table claim. Petitioner was represented by Michael Pottetti, and Respondent was represented by Jeremy Fugate.

The decision was issued on January 20, 2022.