William Gregory Schilder v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
William Gregory Schilder filed a petition for compensation under the National Vaccine Injury Compensation Program on January 13, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) caused by a Tdap vaccine administered on May 23, 2018. Petitioner also alleged that the vaccine was administered in the United States, that he suffered residual effects for more than six months, and that no prior civil action for damages had been filed on his behalf.
Respondent denied that the Tdap vaccine caused Petitioner's left shoulder injury, any other injury, or his current condition, and denied that Petitioner sustained a SIRVA Table injury. On January 12, 2021, the parties filed a joint stipulation agreeing that compensation should be awarded.
Chief Special Master Brian H. Corcoran adopted the stipulation as the decision of the court.
The decision awarded Petitioner a lump sum of $27,500.00, payable to Petitioner, for all items of damages. The decision was issued on February 18, 2021.
Petitioner was represented by Andrew Donald Downing of Van Cott & Talamante, PLLC, and Respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice.
Theory of causation
Petitioner William Gregory Schilder alleged a shoulder injury related to vaccine administration (SIRVA) caused by a Tdap vaccine administered on May 23, 2018. Respondent denied causation. The parties filed a joint stipulation on January 12, 2021, agreeing to an award. The Special Master adopted the stipulation. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. The award was a lump sum of $27,500.00. The decision was issued by Chief Special Master Brian H. Corcoran on February 18, 2021. Petitioner's counsel was Andrew Donald Downing, and Respondent's counsel was Kimberly Shubert Davey. The theory of causation is based on the Table of the Vaccine Injury Compensation Program.
Source PDFs
USCOURTS-cofc-1_19-vv-01006