Zuleika Aponte v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2022)

Zuleika Aponte filed a petition alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccination she received on August 10, 2018. The respondent conceded that Ms.

Aponte was entitled to compensation, agreeing that her claim met the Table criteria for SIRVA, including no prior history of shoulder issues, onset of pain within 48 hours of vaccination, pain limited to the vaccinated shoulder, and no other condition explaining the symptoms. The court issued a ruling on entitlement in December 2021.

The parties were unable to resolve damages, leading to a decision awarding damages on October 3, 2022. The court awarded Ms.

Aponte $60,616.48, comprising $60,000.00 for pain and suffering and $616.48 for actual expenses. The court found that Ms.

Aponte experienced a mild SIRVA injury for approximately seven months, which resolved with physical therapy and showed mild to moderate limitations. The award was based on the severity and duration of her injury, comparing it to other SIRVA cases within the program.