Cristhian Berrios v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Cristhian Berrios filed a petition for vaccine compensation alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving the Tetanus-Diphtheria-acellular Pertussis (Tdap) and Measles, Mumps, and Rubella (MMR) vaccines on April 30, 2019. He claimed the injury occurred within the Table timeframe and that he suffered residual effects for more than six months.

The respondent denied that the petitioner sustained a SIRVA Table injury or that the vaccines caused his alleged shoulder injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The court adopted the stipulation as its decision, awarding Cristhian Berrios a lump sum of $23,000.00 and an additional $1,680.36 to reimburse a Medicaid lien for services rendered by the Commonwealth of Massachusetts. These amounts represent compensation for all damages available under the Vaccine Act.

The case was settled through this stipulation, resolving claims of liability and damages.