Gigi Delmarcelle v. HHS - tetanus, brachial neuritis and/or shoulder injury related to vaccine administration (SIRVA) (2024)

Gigi Delmarcelle filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a brachial neuritis Table injury and/or a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus vaccine received on July 12, 2021. She further alleged that she experienced residual effects for more than six months.

The respondent denied that Ms. Delmarcelle sustained a Table SIRVA injury or brachial neuritis, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition is a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision.

Ms. Delmarcelle was awarded a lump sum of $20,000.00 for pain and suffering and $255.97 to reimburse a Medicaid lien, totaling $20,255.97.

This award represents compensation for all damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the award amount.