Matthew Rhodes v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Matthew Rhodes filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) caused by a tetanus, diphtheria, acellular pertussis (Tdap) vaccination he received on August 1, 2017. Respondent denied that Mr.
Rhodes sustained a SIRVA Table injury or that the vaccine caused his alleged shoulder injuries. 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.
Rhodes was awarded a lump sum of $40,000.00, representing compensation for all items of damages available under the Vaccine Act. The stipulation also addressed future proceedings for attorneys' fees and costs.
The case was settled based on a compromise of the parties' respective positions on liability and damages.
Source PDFs
USCOURTS-cofc-1_18-vv-00329