James Rivers v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
James Rivers filed a petition for compensation under the National Vaccine Injury Compensation Program on November 30, 2018. He alleged that he suffered a right Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of a Tdap vaccination he received on July 13, 2017.
Mr. Rivers reported experiencing right arm pain within two days after the vaccination, with symptoms lasting more than six months.
The respondent denied that the Tdap vaccine caused petitioner's alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation on September 16, 2020, agreeing that compensation should be awarded.
Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision.
Pursuant to the stipulation, Mr. Rivers was awarded a lump sum of $95,000.00, payable by check to the Petitioner, as compensation for all items of damages.
The decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Jeffrey S.
Pop of Jeffrey S. Pop & Associates, and respondent was represented by Ronalda Elnetta Kosh of the U.S.
Department of Justice.
Theory of causation
Petitioner James Rivers alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccination on July 13, 2017, with symptoms beginning within two days and lasting over six months. Respondent denied the SIRVA Table injury and that the vaccine caused the alleged injury. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran on October 20, 2020. The stipulation resulted in a $95,000.00 lump sum award. The public decision does not detail the specific mechanism of injury, expert testimony, or the specific Table category relied upon, other than the general allegation of SIRVA.
Source PDFs
USCOURTS-cofc-1_18-vv-01844