Matthew Rhodes v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2019)

Filed 2018-03-05Decided 2019-12-11Vaccine Tdap
compensated$40,000

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.

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