Judy Rousseau v. HHS - Tdap, right shoulder injury related to vaccine administration (SIRVA) (2023)

Judy Rousseau filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) resulting from a tetanus-diphtheria-acellular pertussis (Tdap) vaccine she received on March 15, 2020. She stated that the vaccine was administered in the United States, she experienced residual effects for more than six months, and there had been no prior award or settlement for her condition.

Respondent denied that Ms. Rousseau sustained a SIRVA Table injury, denied that the vaccine caused her injury, and denied that the Tdap vaccine caused any other injury.

Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision.

Ms. Rousseau was awarded a lump sum of $40,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The case was settled as a Table injury claim, and the award covers all damages.