Richard Adam Downing v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Richard Adam Downing filed a petition for compensation under the National Vaccine Injury Compensation Program on December 6, 2018, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving a Tetanus diphtheria acellular pertussis (Tdap) vaccine on October 25, 2016. The petition stated the vaccine was administered in the United States, that he experienced residual effects for over six months, and that he had no prior award or settlement for this injury.

Respondent denied that Mr. Downing sustained a SIRVA Table injury, denied that the vaccine caused his injury, and denied his condition was a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation on May 25, 2021, agreeing to settle the case and award compensation. The Chief Special Master adopted the stipulation, awarding Mr.

Downing a lump sum of $50,000.00 and $1,201.67 to reimburse a Medicaid lien. This award represents compensation for all damages available under the Vaccine Act.

The decision was issued on June 28, 2021.