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

Jennifer Rivera filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a Tdap vaccine administered on April 14, 2020. She stated that she received the vaccine in the United States, experienced residual effects for more than six months, and had no prior award or settlement for her condition.

Respondent denied that Ms. Rivera sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation on November 30, 2022, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the decision awarding damages.

Ms. Rivera was awarded a lump sum of $57,500.00 payable to her, and an additional $4,282.85 to reimburse a Medicaid lien for services rendered, payable jointly to her and the New York State Department of Health.

This total award of $61,782.85 represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.