Sean Kelleher v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Sean Kelleher filed a petition for vaccine compensation alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine on October 24, 2016. He stated the vaccine was administered in the United States and that he experienced residual effects of the injury for more than six months, with no prior award or settlement for this injury.
Respondent denied that Mr. Kelleher sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury.
Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court.
Mr. Kelleher was awarded a lump sum of $76,000.00, which represents compensation for all items of damages available under the Vaccine Act.
This decision was based on a joint stipulation and resolves the case.
Source PDFs
USCOURTS-cofc-1_17-vv-01239