Andrea Coli v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Andrea Coli filed a petition for compensation under the National Vaccine Injury Compensation Program on May 1, 2020, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving meningococcal and tetanus diphtheria acellular pertussis (Tdap) vaccinations on July 10, 2019. The respondent, the Secretary of Health and Human Services, conceded that Ms.

Coli was entitled to compensation, finding that her injury met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Specifically, the respondent noted that Ms.

Coli had no relevant history of pain, inflammation, or dysfunction in her left shoulder; her pain and reduced range of motion occurred within 48 hours of the vaccination; her symptoms were limited to the shoulder in which the vaccine was administered; and no other condition or abnormality was identified to explain her symptoms. A ruling on entitlement was issued by Chief Special Master Brian H.

Corcoran on July 28, 2021. As the parties could not agree on damages, the case proceeded to a determination of compensation.

Ms. Coli sought $90,000.00 for pain and suffering, while the respondent initially proposed $45,000.00, later increasing it to $55,000.00.

Following a hearing on January 28, 2022, Chief Special Master Corcoran awarded Ms. Coli $70,000.00 for her actual pain and suffering.

The decision was issued on March 9, 2022. Petitioner was represented by Jeffrey S.

Pop of Jeffrey S. Pop & Associates, and respondent was represented by Amanda Pasciuto of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed beyond an MRI, or the mechanism of injury beyond it being a SIRVA.

The award of $70,000.00 is a lump sum payment.