Michael Grieshop v. HHS - Tdap, left shoulder injury (2016)

Michael Grieshop filed a petition on February 10, 2014, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a left shoulder injury as a result of receiving the tetanus-diphtheria-acellular pertussis (Tdap) vaccine on May 15, 2012, and that the injury persisted for more than six months.

Mr. Grieshop, who was 30 years old at the time, reported immediate pain, redness, and swelling at the injection site, followed within 48 hours by weakness in his left shoulder and arm.

He sought medical attention from various providers, including physicians and chiropractors, who noted some weakness and abnormalities in his left arm. The respondent, the Secretary of Health and Human Services, argued that Mr.

Grieshop could not establish that his injury lasted for the required six months. The Special Master initially denied the respondent's motion to dismiss, finding that there was sufficient evidence to suggest the injury persisted for at least six months, allowing the case to proceed.

Ultimately, the parties reached a stipulation to settle the case. On August 26, 2016, Special Master Brian H.

Corcoran issued a decision awarding Michael Grieshop $5,000.00 in damages as compensation for all available damages under the Act, resolving the claim. Petitioner was represented by Maximillian J.

Muller of Muller Brazil, LLP, and the Respondent was represented by Jennifer Reynaud of the U.S. Department of Justice.