Eric Nowak v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2024)

Eric Nowak filed a petition on July 29, 2020, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination received on January 29, 2019.

The respondent, the Secretary of Health and Human Services, denied that Mr. Nowak sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury, and denied that his current condition was a sequela of a vaccine-related injury.

Despite these positions, both parties entered into a joint stipulation on July 12, 2024, agreeing to settle the case and recommending an award of compensation. Special Master Katherine E.

Oler reviewed the stipulation and found it to be reasonable, adopting it as her decision. The stipulation awarded Eric Nowak a lump sum of $33,000.00, payable by check, as compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The Special Master approved this award, and the Clerk was directed to enter judgment accordingly, unless a motion for review was filed. Leigh Finfer of Muller Brazil, LLP, represented the petitioner, and Joseph Adam Lewis of the U.S.

Department of Justice represented the respondent. The decision was issued on August 23, 2024.