Steven S. Floyd v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2021)

Steven S. Floyd filed a petition for compensation on May 14, 2019, alleging that a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccine administered on February 3, 2018, caused a Shoulder Injury Related to Vaccine Administration (SIRVA).

The respondent, the Secretary of Health and Human Services, initially contested only the issue of onset for the alleged Table SIRVA claim. After reviewing the evidence, Chief Special Master Brian H.

Corcoran found that Mr. Floyd likely suffered the onset of shoulder pain within 48 hours of vaccination.

The decision noted a significant gap of over four months between the vaccination date and the first medical record documenting shoulder pain, which was on June 19, 2018, with an orthopedic specialist, Dr. Jeffrey Dlabach.

Mr. Floyd explained this delay by stating he believed the pain would resolve on its own and was occupied with other personal matters, including managing his deceased father's property and caring for an aunt.

He also averred that he had reported his shoulder pain and a "knot" to a nurse practitioner on February 21, 2018, and an internist on April 11, 2018, though these records did not mention the shoulder. The Special Master found these intervening medical records lacked specific detail regarding the shoulder and were not dispositive against Mr.

Floyd's claim, especially given later records consistently linking the shoulder pain to the vaccine. Supporting affidavits from Misha Hill Durmeier Webb and David Watson also provided accounts of Mr.

Floyd reporting shoulder pain and a "knot" shortly after vaccination. The Special Master determined that Mr.

Floyd had established the other requirements for a Table SIRVA injury, including no history of prior shoulder pathology that would explain the injury and no evidence of an alternative cause. On August 19, 2021, the Chief Special Master ruled that Mr.

Floyd was entitled to compensation. Subsequently, on October 29, 2021, the parties filed a proffer on damages, stipulating to an award.

On December 3, 2021, Chief Special Master Corcoran awarded Mr. Floyd $25,000.00 for pain and suffering, representing compensation for all damages available under Section 15(a) of the Vaccine Act.

William E. Cochran, Jr. represented the petitioner, and Lara Ann Englund represented the respondent.