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

Rocelyn Nepomuceno filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following a tetanus-diphtheria-acellular-pertussis (Tdap) vaccination on February 13, 2020. The respondent, the Secretary of Health and Human Services, denied that Ms.

Nepomuceno sustained a Table SIRVA within the Table timeframe or met the six-month severity requirement, and also denied that the Tdap vaccine caused her alleged shoulder pain or any other injury. Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation.

The court adopted the stipulation as its decision. Ms.

Nepomuceno was awarded a lump sum of $40,000.00, which represents compensation for all items of damages available under the Vaccine Act. This case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table.

The stipulation noted that the award reflects a compromise of the parties' respective positions on liability and damages, and it does not constitute an admission by the government that the vaccine caused the injury.