Jodi McGraw v. HHS - Tdap, shoulder injury related to vaccine administration (2023)

Jodi McGraw filed a petition for compensation under the National Vaccine Injury Compensation Program on December 29, 2020, alleging a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus, diphtheria, acellular pertussis (Tdap) vaccine on April 7, 2020. The petition stated the vaccine was administered in the United States and that no prior compensation had been received for the alleged injury.

The respondent, the Secretary of Health and Human Services, denied that Ms. McGraw sustained a SIRVA Table injury, that the vaccine caused her alleged shoulder injury or any other injury, or that her current condition was a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation on May 22, 2023, agreeing to settle the issues and award compensation. Chief Special Master Brian H.

Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Pursuant to the stipulation, Ms.

McGraw was awarded a lump sum of $30,000.00, payable to her, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision noted that the parties would submit to further proceedings for the award of reasonable attorneys' fees and costs.

The stipulation also included standard provisions regarding the release of claims, the voidability of the agreement under certain conditions, and explicitly stated that it was not an admission by the United States or the Secretary that the Tdap vaccine caused the petitioner's alleged injury or that she suffered an injury contained in the Vaccine Injury Table. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Madelyn Weeks of the U.S.

Department of Justice. The decision was issued on June 22, 2023.