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

Elizabeth Fagan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine administered on July 25, 2020. She stated that the vaccine was administered in the United States and that she experienced residual effects of her condition for more than six months.

Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused her injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The court adopted the stipulation as its decision, awarding Elizabeth Fagan a lump sum of $17,500.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The parties agreed that this stipulation expressed a full and complete negotiated settlement of liability and damages claimed under the Act, and it was not an admission by the United States that the Tdap vaccine caused the alleged injury.