Henry Milligan, Jr. v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2019)

Henry Milligan, Jr. filed a petition for compensation under the National Vaccine Injury Compensation Program on May 31, 2018. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of the tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on August 31, 2016.

The case was assigned to the Special Processing Unit. On June 11, 2019, the respondent filed a Rule 4(c) Report conceding that the petitioner's alleged injury was consistent with SIRVA caused by the Tdap vaccination and that no other cause was identified.

The respondent also noted that the medical records demonstrated that Mr. Milligan suffered residual effects of his condition for more than six months.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on June 12, 2019, finding Mr. Milligan entitled to compensation.

Subsequently, on July 29, 2019, the respondent filed a Proffer on Award of Damages, indicating that Mr. Milligan should be awarded $90,000.00, which represented all elements of compensation to which he would be entitled under 42 U.S.C. § 300aa-15(a).

The petitioner agreed with this proffered award. On October 22, 2019, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding Mr.

Milligan a lump sum payment of $90,000.00, payable by check to Henry Milligan, Jr. Petitioner counsel was Jeffrey S.

Pop of Jeffrey S. Pop & Associates, and respondent counsel was Jennifer Leigh Reynaud of the U.S.

Department of Justice.