Juan Ruiz, Jr. v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2023)

Juan Ruiz, Jr. filed a petition for compensation under the National Vaccine Injury Compensation Program on February 16, 2021, alleging that he suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of a Tetanus-Diphtheria (Tdap) vaccination he received on October 30, 2018. The petition stated that the vaccine was administered in the United States, that he had not received prior compensation for his injuries, and that the residual effects of the injury lasted for more than six months.

The case was assigned to the Special Processing Unit. On January 4, 2023, the Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's injury was consistent with a SIRVA and that all legal prerequisites for compensation under the Vaccine Act had been met.

Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on January 5, 2023, finding Juan Ruiz, Jr. entitled to compensation.

Subsequently, on January 12, 2023, the Respondent filed a Proffer on Award of Compensation, proposing an award of $55,000.00 for pain and suffering, which the petitioner agreed to. Chief Special Master Corcoran issued a Decision Awarding Damages on January 17, 2023, awarding Juan Ruiz, Jr. a lump sum payment of $55,000.00, payable by check to Petitioner, representing compensation for all damages available under Section 15(a) of the Vaccine Act.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. Petitioner was represented by Scott B.

Taylor of Urban & Taylor, S.C., and Respondent was represented by Austin Joel Egan of the U.S. Department of Justice.