Charles Davis v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2018)

Charles Davis filed a petition for compensation under the National Vaccine Injury Compensation Program on August 3, 2017, alleging a shoulder injury related to vaccine administration (SIRVA) following a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine administered on April 3, 2015. Mr.

Davis stated the vaccine was administered in the United States, that he experienced residual effects of his right shoulder injuries for more than six months, and that he had no prior award or settlement for this condition. The Secretary of Health and Human Services, respondent, denied that the vaccine caused Mr.

Davis's shoulder injuries. Despite this denial, the parties filed a joint stipulation on July 31, 2017, agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the Court's decision. Mr.

Davis was awarded a lump sum of $115,000.00, payable by check to the petitioner, representing compensation for all items of damages. The decision was issued on May 10, 2018.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Maximillian J.

Muller of Muller Brazil, LLP, and respondent was represented by Ann Donohue Martin of the U.S. Department of Justice.