George Brock v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
George Brock filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a left shoulder injury related to vaccine administration (SIRVA) caused by the Tdap vaccine he received on January 2, 2018. He contended that his SIRVA symptoms persisted for more than six months.
Respondent opposed compensation, asserting that there was no evidence to support the six-month severity requirement and that Mr. Brock's alleged shoulder injury resolved within two and a half months.
The court noted that the record did not contain sufficient evidence to demonstrate that Mr. Brock suffered residual effects of his alleged SIRVA injury for more than six months.
Although Mr. Brock initially claimed his shoulder pain in January 2020 was a continued sequela of his earlier injury, he had not provided sufficient evidence to support this claim.
Ultimately, Mr. Brock moved for a decision dismissing his petition, acknowledging he would be unable to prove entitlement to compensation.
The court denied his claim for compensation and dismissed the case for insufficient proof, entering judgment against him.
Source PDFs
USCOURTS-cofc-1_20-vv-01894