Michael Leach v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Michael Leach 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 Tdap vaccine administered on May 17, 2019. The case proceeded as a Table claim, with the respondent initially arguing for dismissal but later recommending a lower award amount if entitlement was found.

The court found that Mr. Leach was entitled to compensation, determining that his injury met the Table criteria for SIRVA, including onset within 48 hours of vaccination and residual effects lasting more than six months.

Although there was a significant gap in treatment records, the court credited Mr. Leach's explanation for the gap, which included family medical events and the COVID-19 pandemic.

The court awarded Mr. Leach a total of $38,175.00, comprising $37,500.00 for pain and suffering and $675.00 for unreimbursed expenses.

The award for pain and suffering was based on the severity and duration of his injury, considering prior SIRVA cases, and the award for expenses covered treatment related to his SIRVA, including counseling for anxiety stemming from the injury and concerns about subsequent vaccinations.