Janice Aragon v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Janice Aragon filed a petition for compensation under the National Vaccine Injury Compensation Program on August 8, 2019. She alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) from Tetanus-diphtheria-acellular pertussis (Tdap) and influenza (flu) vaccinations received on October 24, 2017.
Petitioner further alleged that she experienced residual effects of her condition for more than six months, that no civil action for damages had been filed, and that the vaccine was administered in the United States. Respondent denied that petitioner sustained a SIRVA Table injury, denied that the Tdap or flu vaccines caused petitioner's alleged shoulder injuries or any other injury, and denied that her current condition was a sequela of a vaccine-related injury.
Despite the denials, on August 8, 2023, the parties filed a joint stipulation agreeing to an award of compensation. Special Master Daniel T.
Horner found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Special Master Horner awarded petitioner a lump sum of $35,000.00, payable to petitioner, representing compensation for all eligible damages.
The decision was entered on September 6, 2023. Petitioner was represented by Michael Adly Baseluos of Baseluos Law Firm, PLLC, and respondent was represented by Martin Conway Galvin of the U.S.
Department of Justice.
Theory of causation
Petitioner Janice Aragon alleged a shoulder injury related to vaccine administration (SIRVA) following Tdap and flu vaccinations on October 24, 2017. Respondent denied a SIRVA Table injury and that the vaccines caused the alleged injuries. The parties filed a joint stipulation for compensation. The Special Master adopted the stipulation, awarding $35,000.00. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, treatments, or expert witnesses. The theory of causation is based on a stipulation, not a finding of fact or law regarding a Table injury or medical causation. The award was made on September 6, 2023, pursuant to a petition filed August 8, 2019. Attorneys were Michael Adly Baseluos for petitioner and Martin Conway Galvin for respondent. Special Master Daniel T. Horner issued the decision.