Brian Davis v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Brian Davis filed a petition for compensation under the National Vaccine Injury Compensation Program on September 30, 2019, alleging a shoulder injury related to vaccine administration (SIRVA) following a tetanus-diphtheria-acellular pertussis (Tdap) vaccination received on July 27, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 16, 2020, conceding that Mr.
Davis's alleged injury was consistent with SIRVA of the left arm and met the requirements of a Table injury claim for SIRVA stemming from the Tdap vaccination. The respondent also agreed that Mr.
Davis suffered the sequelae of this injury for more than six months. Based on the respondent's concession, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on December 16, 2020, finding Mr. Davis entitled to compensation.
Subsequently, on December 22, 2020, the parties submitted a proffer on the award of compensation. The respondent proffered that Mr.
Davis should be awarded a lump sum of $77,500.00 for pain and suffering damages, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a). Mr.
Davis agreed with this proffered award. Chief Special Master Corcoran issued a decision on February 8, 2021, awarding Mr.
Davis a lump sum payment of $77,500.00, payable by check to Mr. Davis.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Jeffrey S.
Pop of Jeffrey S. Pop & Associates, and respondent was represented by Darryl R.
Wishard of the U.S. Department of Justice.
Theory of causation
Petitioner Brian Davis alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on July 27, 2018. Respondent conceded that the injury was consistent with SIRVA and met the requirements of a Table injury claim, and that the sequelae lasted for more than six months. The public text does not detail the specific mechanism of injury, expert testimony, or medical evidence beyond the respondent's concession. Chief Special Master Brian H. Corcoran ruled on entitlement on December 16, 2020, finding Petitioner entitled to compensation. A subsequent decision on February 8, 2021, awarded Petitioner a lump sum of $77,500.00 for pain and suffering damages, based on a proffer agreed to by both parties. Petitioner was represented by Jeffrey S. Pop, and Respondent was represented by Darryl R. Wishard.
Source PDFs
USCOURTS-cofc-1_19-vv-01508