Luis Guzman v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2024)

Luis Guzman filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus, diphtheria, and acellular pertussis (Tdap) vaccination on November 1, 2020. He claimed no prior history of left shoulder issues, that pain began within 48 hours of vaccination, was limited to the shoulder, and that no other condition explained the pain.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Guzman satisfied the legal prerequisites for compensation.

Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, a decision awarding damages was issued.

The respondent proffered an award of $65,072.34 for pain and suffering and $72.34 for past unreimbursable expenses, which Mr. Guzman agreed to.

Additionally, an award of $2,628.95 was made to satisfy a subrogated Medicaid lien. The total award amounted to $67,601.00, to be paid in lump sums.