Edward Diaz v. HHS - Tdap, right shoulder injuries related to vaccine administration (SIRVA) (2022)

Edward Diaz filed a petition for compensation under the National Vaccine Injury Compensation Program on April 30, 2020, alleging he suffered right shoulder injuries related to vaccine administration (SIRVA) from a Tetanus, Diphtheria, and acellular Pertussis (Tdap) vaccination he received on January 11, 2019. Mr.

Diaz stated the vaccination occurred in the United States, his symptoms lasted over six months, and he had not received prior compensation for this injury. The respondent, the Secretary of Health and Human Services, denied that Mr.

Diaz sustained a SIRVA Table Injury, denied that the vaccine caused 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 July 8, 2022, agreeing to an award of compensation.

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

Mr. Diaz was awarded $25,000.00 as a lump sum, payable by check, representing compensation for all items of damages.

This decision represents the final award for his SIRVA claim. The public decision does not describe the specific onset of symptoms, the clinical course, diagnostic tests, treatments, or expert witnesses.

Petitioner counsel was Maximillian J. Muller of Muller Brazil, LLP.

Respondent counsel was Debra A. Filteau Begley of the U.S.

Department of Justice.