Melody Gerry v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2023)

Melody Gerry filed a petition for compensation under the National Vaccine Injury Compensation Program on December 22, 2022, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from a Tdap vaccine received on April 16, 2019. She stated the vaccine was administered in the United States, the injury's effects lasted more than six months, and she had no prior award or settlement for this condition.

Respondent denied that Ms. Gerry sustained a SIRVA Table injury, denied that the Tdap vaccine caused her shoulder injury or aggravated a preexisting condition, and denied her current condition was a sequelae of a vaccine-related injury.

Despite these positions, the parties filed a joint stipulation agreeing that the case should be settled. The court adopted the stipulation, awarding Ms.

Gerry a lump sum of $49,000.00 as compensation for all damages available under the Vaccine Act. This amount represents a settlement of liability and damages, and the parties agreed to further proceedings for attorneys' fees and costs.