Alex Brown v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Alex Brown, an adult, received a Tdap vaccine on October 29, 2018. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA), which is a defined Table Injury.
The respondent conceded that Petitioner was entitled to compensation for SIRVA. The case proceeded to the damages phase, where the parties were unable to reach an agreement.
The court reviewed the evidence, including medical records, affidavits, and prior case awards. Petitioner sought $198,000 for past pain and suffering, $1,883.62 for past expenses, and $1,201.44 for past lost wages.
The respondent argued for an award of $90,000 for pain and suffering and contested the expenses and lost wages. The court found that Petitioner suffered a moderate SIRVA injury that required two surgeries, four injections, and numerous physical therapy sessions over approximately two years.
However, the court also noted that some of Petitioner's conditions, such as a labral tear and glenohumeral arthritis, were considered unrelated to the vaccine injury. After considering the severity and duration of the vaccine-related injury, and comparing it to similar cases, the court awarded Alex Brown $170,000 for past pain and suffering.
Petitioner was denied compensation for past unreimbursed expenses and lost wages due to insufficient documentation and lack of clear linkage to the SIRVA.
Source PDFs
USCOURTS-cofc-1_20-vv-01287