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

Marlene Borman filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from a Tdap vaccine received on October 1, 2018. She claimed the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that she had no prior award or settlement for this condition.

Respondent denied that Ms. Borman sustained a SIRVA, that the vaccine caused her injury, or that her condition was a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation as its decision.

Ms. Borman was awarded a lump sum of $5,000.00, representing compensation for all damages available under the Vaccine Act.

This award was made in accordance with the parties' stipulation, which also addressed future proceedings for attorneys' fees and costs. The stipulation included a release of claims against the United States and the Secretary of Health and Human Services in exchange for the agreed-upon payment.