Belkis Diaz v. HHS - Tdap, shoulder injury related to vaccine administration (2024)
Case summary [AI summaries can sometimes make mistakes]
Belkis Diaz filed a petition for compensation under the National Vaccine Injury Compensation Program on November 27, 2023, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from a Tdap vaccine received on April 9, 2019. She claimed the residual effects of this condition lasted for more than six months.
Respondent denied that Ms. Diaz sustained a SIRVA Table injury or that the vaccine caused her alleged injury.
Despite these denials, the parties filed a joint stipulation agreeing to a settlement. The Chief Special Master adopted the stipulation as the decision, awarding Ms.
Diaz a lump sum of $35,000.00 as compensation for all damages. This amount represents a compromise of the parties' respective positions on liability and damages.
The stipulation also outlines the process for awarding attorneys' fees and costs. Ms.
Diaz released the United States and the Secretary of Health and Human Services from all claims related to the vaccination in exchange for the compensation.