Jenna Wagner v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2024)

Jenna Wagner filed a petition for vaccine compensation on January 11, 2021, alleging a left shoulder injury related to vaccine administration (SIRVA) caused by a Tetanus, Diphtheria, and Acellular Pertussis (Tdap) vaccination received on August 22, 2020. Ms.

Wagner stated the vaccine was administered in the United States and that she suffered residual effects of the injury for more than six months. She also affirmed there had been no prior award or settlement for this condition.

The respondent, the Secretary of Health and Human Services, denied that Ms. Wagner suffered a left shoulder injury as a result of the Tdap vaccine, and denied that the vaccine caused her injury or any other condition.

Despite these opposing positions, the parties filed a joint stipulation on December 18, 2023, agreeing that the case should be settled and compensation awarded. Chief Special Master Brian H.

Corcoran adopted the stipulation as the decision of the court. Pursuant to the stipulation, Ms.

Wagner was awarded a lump sum of $23,000.00, payable by check to the petitioner, as compensation for all damages. This amount represents a negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act.

The Tdap vaccine is listed on the Vaccine Injury Table, and the parties agreed to settle the case as a Table claim. Petitioner's counsel was Jonathan Joseph Svitak of Shannon Law Group, P.C.

Respondent's counsel was Austin Joel Egan, an attorney with the U.S. Department of Justice.

The decision was signed by Chief Special Master Brian H. Corcoran on February 5, 2024.