Louis Massa v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Louis Massa filed a petition for compensation under the National Vaccine Injury Compensation Program on June 30, 2023, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of his Tdap vaccination on August 24, 2021. Mr.
Massa stated that the vaccination occurred in the United States and that he experienced residual effects of the injury for more than six months. He also affirmed that he had not received a prior award or settlement for this injury.
The respondent, the Secretary of Health and Human Services, denied that Mr. Massa sustained a SIRVA Table injury or that the vaccine caused his alleged left shoulder injury or any other condition.
Despite these opposing positions, the parties filed a joint stipulation on September 20, 2024, agreeing to settle the case. Chief Special Master Brian H.
Corcoran reviewed and adopted the stipulation. As per the stipulation, Mr.
Massa was awarded a lump sum of $50,000.00, payable by check to the petitioner, as compensation for all items of damages. The decision directed the Clerk of Court to enter judgment accordingly, pending any motion for review.
Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by Alexa Roggenkamp of the U.S. Department of Justice.
Theory of causation
Petitioner Louis Massa filed a petition alleging a SIRVA Table injury following his August 24, 2021 Tdap vaccination. Respondent denied the alleged SIRVA Table injury and that the vaccine caused the injury. The parties reached a joint stipulation to settle the case. The stipulation stated that petitioner received the Tdap vaccine on August 24, 2021, in the United States, and alleged a SIRVA within the Table's timeframe or that the vaccine caused the injury, with residual effects lasting more than six months. Respondent maintained its denial of a Table injury or vaccine causation. The stipulation was adopted by Chief Special Master Brian H. Corcoran, resulting in a $50,000.00 lump sum award for all damages. Petitioner was represented by Muller Brazil, LLP, and respondent by the U.S. Department of Justice.