Jacob Hawkins v. HHS - Td/Tetanus, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Jacob Hawkins filed a petition alleging he received a tetanus vaccine in his left shoulder on February 27, 2021, and subsequently developed Shoulder Injury Related to Vaccine Administration (SIRVA), a Table injury. He was 42 years old at the time.
While there was no contemporaneous record of the vaccination, medical records from five days later and testimony from his wife indicated he received the tetanus shot in his left arm during an urgent care visit for a thumb abrasion. The court found preponderant evidence supported the vaccination and that shoulder pain onset occurred within 48 hours, consistent with the Table SIRVA criteria.
However, the court noted a potential alternative explanation for his injury, specifically a possible SLAP tear, which could defeat his claim under the fourth SIRVA qualification. The respondent raised this argument late in the proceedings.
The court reserved final judgment on this point and urged the parties to pursue settlement, setting a deadline for a joint status report or settlement agreement.
Source PDFs
USCOURTS-cofc-1_23-vv-00098