Joel Alvarez v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Joel Alvarez filed a petition for compensation under the National Vaccine Injury Compensation Program on December 7, 2020, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccination on September 12, 2020. The respondent, the Secretary of Health and Human Services, filed a combined Rule 4(c) Report and Proffer on November 27, 2023, conceding that Mr.
Alvarez's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he met all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on November 27, 2023, finding Mr. Alvarez entitled to compensation.
Subsequently, on January 3, 2024, Chief Special Master Corcoran issued a Decision on Damages. The decision awarded Mr.
Alvarez a total of $59,946.00. This award consisted of a lump sum of $57,500.00 for pain and suffering and $2,446.00 for past unreimbursable expenses, payable to Mr.
Alvarez via check. This amount was intended to compensate for all damages available under Section 15(a) of the Act.
Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Michael Joseph Lang of the U.S.
Department of Justice.
Theory of causation
Petitioner Joel Alvarez alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on September 12, 2020. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites for compensation were met. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. No experts were named in the public text. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 27, 2023, and a Decision on Damages on January 3, 2024. The award totaled $59,946.00, comprising $57,500.00 for pain and suffering and $2,446.00 for past unreimbursable expenses. Petitioner counsel was Leah VaSahnja Durant, and Respondent counsel was Michael Joseph Lang.
Source PDFs
USCOURTS-cofc-1_20-vv-01775