Basil McNeely v. HHS - Tdap, significant aggravation of cervical radiculopathy (2025)

Basil McNeely, a 60-year-old adult, received a Tdap vaccine on August 21, 2016. He alleged that this vaccine significantly aggravated his pre-existing cervical radiculopathy.

His prior medical history included cervical disc disease and radiculopathy diagnosed in 2013, for which he received treatment and experienced relief. Following the Tdap vaccination, Mr.

McNeely reported immediate pain at the injection site that worsened significantly by the next day, radiating down his left arm and into his hand, accompanied by neck stiffness and muscle spasms. He sought various treatments, including pain medication, muscle relaxants, chiropractic care, and injections.

Medical records documented his ongoing symptoms and his attribution of the worsening condition to the vaccine. His treating neurologist, Dr.

McGee, noted the arm pain as a potential reaction to the Tdap vaccine. Petitioner's expert, Dr.

Tornatore, opined that the Tdap vaccine could cause muscle spasms that compress cervical nerve roots, aggravating pre-existing conditions like Mr. McNeely's.

Respondent's expert, Dr. Callaghan, disagreed, arguing that the vaccine did not cause the aggravation and that Mr.

McNeely's condition was likely due to degenerative changes. The court found that Mr.

McNeely established by a preponderance of the evidence that the Tdap vaccination caused a significant aggravation of his cervical radiculopathy, satisfying the criteria for an off-Table injury. The case proceeded to damages, and the court awarded Mr.

McNeely a total of $78,703.03 for pain and suffering and past unreimbursable expenses.