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

Emmanuel Ayala filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from a tetanus diphtheria acellular pertussis (Tdap) vaccine he received on May 25, 2021. He stated that the vaccine was administered in the United States, his symptoms persisted for more than six months, and he had no prior history of shoulder issues.

The respondent, the Secretary of Health and Human Services, conceded that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent agreed that Petitioner had no prior shoulder pain, that pain occurred within 48 hours after vaccination, was limited to the injection site, and no other condition explained the pain.

The respondent also agreed that Petitioner suffered residual effects for more than six months and met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation.

The parties subsequently stipulated to an award of $42,990.00, which included $42,500.00 for pain and suffering and $490.00 for past unreimbursable expenses. The court issued a decision awarding this lump sum payment to Emmanuel Ayala.