Gary Radford v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Filed 2019-06-03Decided 2021-12-03Vaccine Tdap
compensated$40,000

Case summary [AI summaries can sometimes make mistakes]

Gary Radford filed a petition on June 3, 2019, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his Tetanus Diphtheria acellular Pertussis (Tdap) vaccination on January 17, 2018. Mr.

Radford claimed this was a Table injury and that he experienced residual effects for more than six months. The respondent denied that Mr.

Radford sustained a SIRVA Table injury or that the Tdap vaccine caused or significantly aggravated his alleged shoulder injuries or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite these differing positions, the parties filed a joint stipulation on October 26, 2021, agreeing to settle the case.

Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Mr.

Radford $40,000.00 as compensation for all damages available under the Vaccine Act. This amount represents a compromise of the parties' respective positions on liability and damages.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Jeremy Fugate of the U.S.

Department of Justice.

Theory of causation

Petitioner Gary Radford alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a January 17, 2018 Tdap vaccination, claiming it was a Table injury with residual effects lasting more than six months. Respondent denied the SIRVA Table injury and that the vaccine caused or aggravated the alleged injuries. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $40,000.00 in compensation. The public decision does not detail the specific mechanism of injury, medical experts, or clinical findings. Petitioner was represented by Leah VaSahnja Durant and respondent by Jeremy Fugate.

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