Brian Chew v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
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.
Theory of causation
Petitioner Brian Chew, age 45, received a Tdap vaccine on May 18, 2019. He alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result. The public decision does not detail the specific mechanism of injury or expert testimony. Petitioner's counsel was Maximillian J. Muller. Respondent's counsel was Margaret Armstrong. Chief Special Master Brian H. Corcoran presided. Petitioner presented medical records documenting left shoulder pain and reduced range of motion beginning within hours of vaccination, with a physical therapy evaluation 42 days post-vaccination noting decreased active ROM and pain. MRI findings revealed a rotator cuff tear and bursitis. Respondent initially contested entitlement, arguing vague onset and that the rotator cuff tear was inconsistent with SIRVA. The Special Master found that the evidence established a Table SIRVA, noting that rotator cuff tears can be present in SIRVA cases and that bursitis was also identified, satisfying the criteria of no prior shoulder dysfunction, pain within the specified timeframe, pain and reduced ROM limited to the affected shoulder, and no other condition explaining the symptoms. Petitioner was found entitled to compensation. A stipulation for damages was reached, and on July 19, 2024, Chief Special Master Corcoran awarded Brian Chew $46,651.06, comprising $45,000.00 for pain and suffering and $1,651.06 for past unreimbursable expenses.
Source PDFs
USCOURTS-cofc-1_20-vv-01931