John Masiero v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
John Masiero filed a petition for compensation under the National Vaccine Injury Compensation Program on May 19, 2023, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus, diphtheria, and acellular pertussis (Tdap) vaccination on June 17, 2022. The case was assigned to the Special Processing Unit.
Respondent denied that Mr. Masiero sustained a Table SIRVA or that the vaccine caused his injury.
However, the parties reached a joint stipulation to settle the issues. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision awarding damages. Pursuant to the stipulation, Mr.
Masiero was awarded a lump sum payment of $55,000.00, to be paid via ACH deposit to his counsel's IOLTA account for prompt disbursement. This amount is intended to compensate for all damages available under Section 15(a) of the Vaccine Act.
The parties also agreed to submit to further proceedings for the award of reasonable attorneys' fees and costs. The decision was issued on July 28, 2025.
Petitioner was represented by Michael G. McLaren of Black McLaren, et al., PC, and Respondent was represented by Sarah C.
Duncan of the U.S. Department of Justice.
Theory of causation
Petitioner John Masiero alleged a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on June 17, 2022. SIRVA is listed on the Vaccine Injury Table. Respondent denied a Table SIRVA and causation. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $55,000.00 as a lump sum for all damages under 42 U.S.C. § 300aa-15(a). The parties also agreed to pursue attorneys' fees and costs separately. The decision was issued on July 28, 2025. Petitioner was represented by Michael G. McLaren, and Respondent by Sarah C. Duncan.
Source PDFs
USCOURTS-cofc-1_23-vv-00735