John Michael Dulaney v. HHS - Tdap, left shoulder injuries related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
John Michael Dulaney filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus, diphtheria, pertussis (Tdap) vaccine received on August 13, 2018. The respondent conceded that Mr.
Dulaney's injury met the criteria for SIRVA as defined by the Vaccine Injury Table, and entitlement to compensation was granted. The case then proceeded to determine damages, as the parties could not agree on an appropriate sum.
Mr. Dulaney's medical records detail a lengthy treatment course for his left shoulder pain, which began within 48 hours of the vaccination.
His condition involved pain, limited range of motion, and ultimately required surgery, including rotator cuff repair, anterior labral repair, subacromial decompression and bursectomy, and biceps tenodesis. He underwent multiple steroid injections and extensive physical therapy over a period of approximately 19 months.
The parties presented differing arguments regarding the severity and duration of his injury, with the respondent emphasizing treatment delays. Ultimately, the court awarded Mr.
Dulaney $120,000.00 for pain and suffering and $432.68 for unreimbursable expenses, for a total award of $120,432.68.