Kevin C. McCarthy v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Kevin C. McCarthy filed a petition for vaccine compensation on December 15, 2022, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus, diphtheria, acellular pertussis (Tdap) vaccine and a meningococcal vaccine on May 9, 2022.
The Tdap vaccine was administered in his right arm, and the meningococcal vaccine in his left arm. Petitioner later filed an amended petition on February 20, 2024.
He alleged that he received the vaccines within the United States, suffered residual effects of his SIRVA for more than six months, and had not filed a civil action or received other compensation for the injury. The respondent denied that Mr.
McCarthy 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 denials, the parties filed a joint stipulation on May 30, 2024, agreeing to settle the case.
Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.
Pursuant to the stipulation, Mr. McCarthy was awarded a lump sum of $12,500.00, payable by check, representing compensation for all items of damages.
The decision was issued on July 1, 2024. Petitioner was represented by Bradley S.
Freedberg, and Respondent was represented by Ryan Nelson.
Theory of causation
Petitioner Kevin C. McCarthy received a Tdap vaccine and a meningococcal vaccine on May 9, 2022. He alleged a shoulder injury related to vaccine administration (SIRVA), which is a defined Table injury, and alternatively alleged that the vaccine caused his shoulder injury. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses. Respondent denied that Petitioner sustained a SIRVA Table injury or that the vaccine caused his alleged shoulder injury. The parties filed a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $12,500.00 for all items of damages. The decision was issued on July 1, 2024. Petitioner was represented by Bradley S. Freedberg, and Respondent was represented by Ryan Nelson.