Jeffery Graves v. HHS - Tdap, left shoulder injuries and sequelae (2018)

Jeffery Graves filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered left shoulder injuries and sequelae caused in fact by the Tdap vaccination he received on January 27, 2016. He alleged that he received the vaccination in the United States, suffered residual effects for more than six months, and that neither he nor any other party had filed an action or received an award or settlement for his injuries.

Respondent denied that the Tdap vaccine caused petitioner’s alleged left shoulder injuries or any other injury, and further denied that petitioner’s current disabilities were sequelae of a vaccine-related injury. Despite the denial, 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 the decision of the Court. Jeffery Graves was awarded a lump sum of $50,703 in the form of a check payable to him, representing compensation for all items of damages available under the program.

The case proceeded as an off-Table claim, and the parties stipulated to damages.