Taylor Blackmore v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2021)

Taylor Blackmore filed a petition for compensation under the National Vaccine Injury Compensation Program on March 29, 2019, alleging a left shoulder injury related to vaccine administration (SIRVA) from a Tdap vaccination received on January 8, 2018. Blackmore claimed the injury occurred within the time period set forth in the Vaccine Injury Table and that he experienced residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, denied that Blackmore sustained a SIRVA Table injury, denied that the Tdap vaccine caused the alleged shoulder injury or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on June 8, 2021, agreeing to settle the case.

The court adopted the stipulation as its decision, awarding compensation. Blackmore received a lump sum of $10,058.11 to satisfy a California state Medicaid lien and an additional lump sum of $56,000.00 for all remaining damages.

This award represents a compromise of the parties' respective positions on liability and damages.