James Kincaid v. HHS - Tdap, right shoulder injury related to vaccine administration (SIRVA) (2026)

James Kincaid filed a petition for compensation alleging a right shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on November 7, 2017. He claimed the injury was a Table injury or, in the alternative, a caused-in-fact injury.

The medical records indicate that Mr. Kincaid, age 62, also sustained a workplace accident on the same day as his vaccination, resulting in a hand laceration and a shoulder injury.

While the court found that Mr. Kincaid likely experienced pain onset within 48 hours of vaccination, it also determined that the evidence of a workplace accident causing rotator cuff tears constituted a viable alternative cause.

Consequently, Mr. Kincaid could not satisfy the Table SIRVA requirement for the absence of an alternative cause.

His Table claim was dismissed. The court noted that an off-Table claim might still be tenable, but the record was lacking on causation.

The parties were encouraged to attempt settlement again before the case was transferred out of the Special Processing Unit.