Melissa Marshall v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2023-05-23Decided 2025-06-20Vaccine Tdap
compensated$24,000

Case summary [AI summaries can sometimes make mistakes]

Melissa Marshall filed a petition for compensation under the National Vaccine Injury Compensation Program on May 23, 2023. She alleged that on May 4, 2021, she received a tetanus-diphtheria-acellular pertussis (Tdap) vaccine, which is listed on the Vaccine Injury Table.

Petitioner claimed she sustained a shoulder injury related to vaccine administration (SIRVA) within the time period specified by the Table and experienced residual effects of this condition for more than six months. The respondent denied that Petitioner sustained a SIRVA Table injury, that the vaccine caused her alleged shoulder injury, or that her current condition was a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation for compensation on May 14, 2025. Chief Special Master Brian H.

Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. The decision awarded Melissa Marshall a lump sum of $24,000.00, to be paid via ACH deposit to Petitioner's counsel's IOLTA account for prompt disbursement.

This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Eleanor Hanson of the U.S.

Department of Justice. The decision was issued on June 20, 2025.

Theory of causation

Petitioner Melissa Marshall alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on May 4, 2021, with residual effects lasting more than six months, consistent with a Table injury. Respondent denied the alleged SIRVA Table injury and causation. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran adopted as his decision. The stipulation resulted in an award of $24,000.00 for all damages under Section 15(a). Petitioner was represented by Ronald Craig Homer, and Respondent by Eleanor Hanson. The decision date was June 20, 2025.

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