Elsie McKay v. HHS - Tdap, right shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Elsie McKay filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) resulting from a tetanus diphtheria and acellular pertussis (Tdap) vaccine received on April 26, 2018. The respondent conceded that Ms.
McKay was entitled to compensation, agreeing that she had no prior history of shoulder pain, that pain occurred within 48 hours after vaccination, and that the pain and reduced range of motion were limited to the injection site. The case proceeded to a damages award.
Ms. McKay's medical records indicate that she experienced right shoulder pain and limited range of motion starting within eleven days of her vaccination, which worsened over time.
She underwent conservative treatment, including medication, rest, and a steroid injection, with minimal relief. Ultimately, she had surgery twenty months after her injury.
Her recovery involved physical therapy, and while she showed improvement, she continued to experience residual symptoms. The court awarded Ms.
McKay $127,500.00 for actual pain and suffering and $676.71 in actual unreimbursable expenses, for a total award of $128,176.71.
Source PDFs
USCOURTS-cofc-1_21-vv-00071