Janice Aragon v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2023)

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 August 9, 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.