Gertrude Teresa McCleary v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Gertrude Teresa McCleary filed a petition for compensation under the National Vaccine Injury Compensation Program on March 9, 2022. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine administered on March 23, 2020.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 28, 2023, conceding that Ms. McCleary's injury is consistent with SIRVA as defined by the Vaccine Injury Table and that she suffered residual effects for more than six months.
Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found Gertrude Teresa McCleary entitled to compensation.
A decision on damages is pending. The public decision does not describe the specific onset, symptoms, diagnostic tests, treatments, or expert witnesses involved in this case.
Petitioner was represented by Lane C. Siesky of Siesky Law Firm, PC, and Respondent was represented by Alexa Roggenkamp of the U.S.
Department of Justice.
Theory of causation
Petitioner Gertrude Teresa McCleary filed a petition on March 9, 2022, alleging a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on March 23, 2020. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that petitioner suffered residual effects for more than six months. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 3, 2023, finding petitioner entitled to compensation based on the respondent's concession. The public text does not specify the mechanism of injury, expert testimony, or the breakdown of the award, as damages are pending. Petitioner's counsel was Lane C. Siesky, and respondent's counsel was Alexa Roggenkamp.
Source PDFs
USCOURTS-cofc-1_22-vv-00266