Amorette M. Burgess v. HHS - Tdap, shoulder injury related to vaccine injury (“SIRVA”) (2023)

Amorette M. Burgess filed a petition on April 15, 2021, seeking compensation under the National Vaccine Injury Compensation Program.

She alleged that on March 22, 2019, she received a Tdap vaccine in her left shoulder and subsequently suffered a shoulder injury related to vaccine administration (SIRVA), with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the petitioner 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, on July 27, 2023, the parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H.

Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Pursuant to the stipulation, Ms.

Burgess was awarded a lump sum of $102,000.00, payable by check to the Petitioner, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses.

Petitioner was represented by Howard Dale Mishkind of Mishkind Law Firm Co., L.P.A., and Respondent was represented by Steven Santayana of the U.S. Department of Justice.