Cody M. Greener v. HHS - Tdap, shoulder injury related to vaccine administration (2024)
Case summary [AI summaries can sometimes make mistakes]
Cody M. Greener filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine received on November 7, 2019.
Mr. Greener alleged the injury affected his left shoulder for more than six months.
The respondent, the Secretary of Health and Human Services, denied that Mr. Greener sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury.
Despite these opposing positions, the parties reached a joint stipulation to settle the case. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Mr.
Greener was awarded a lump sum of $33,000.00, payable by check, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. This award represents a settlement of liability and damages.
The Tdap vaccine is listed on the Vaccine Injury Table. The decision was issued on March 7, 2024.
Petitioner was represented by David Alexander Tierney of Rawls Law Group, and respondent was represented by Joseph Adam Lewis of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Mr. Greener, nor does it name any medical experts.
Theory of causation
Petitioner Cody M. Greener received a Tdap vaccine on November 7, 2019, and alleged a shoulder injury related to vaccine administration (SIRVA) that persisted for more than six months. The respondent denied a Table injury and causation. The parties reached a joint stipulation to settle the case, agreeing to an award of $33,000.00 for all damages. The Tdap vaccine is listed on the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, medical experts, or clinical findings. The case was filed on January 11, 2021, and the decision adopting the stipulation was issued by Chief Special Master Brian H. Corcoran on March 7, 2024. Petitioner's counsel was David Alexander Tierney, and respondent's counsel was Joseph Adam Lewis.
Source PDFs
USCOURTS-cofc-1_21-vv-00500