Brian Chew v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2024)

On December 21, 2020, Brian Chew filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on May 18, 2019. The case was assigned to the Special Processing Unit.

On April 10, 2024, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding that Mr.

Chew had established entitlement to compensation for a Table SIRVA. The respondent initially contested entitlement, arguing that the medical records were vague regarding onset and that a rotator cuff tear found on MRI was inconsistent with SIRVA.

However, the Special Master found that the evidence established SIRVA, noting that rotator cuff tears can be present in SIRVA cases and that bursitis was also identified. The Special Master also found sufficient evidence of reduced range of motion.

The case then proceeded to the damages phase. On June 12, 2024, Chief Special Master Corcoran issued a Decision Awarding Damages based on a stipulation between the parties.

Mr. Chew was awarded a total of $46,651.06, consisting of a lump sum of $45,000.00 for pain and suffering and $1,651.06 for past unreimbursable expenses.

The award was to be paid in the form of a check payable to Mr. Chew.

Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and Respondent was represented by Margaret Armstrong of the U.S.

Department of Justice.