James McGinnis v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2024)

James McGinnis 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 tetanus (Tdap) vaccination he received on January 20, 2022. He claimed that his injury caused residual effects lasting more than six months.

The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records and concluded that compensation was appropriate. The respondent conceded that Mr.

McGinnis's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting he had no prior history of shoulder issues, his pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that Mr.

McGinnis suffered residual effects for more than six months and met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the court found Mr.

McGinnis entitled to compensation. Subsequently, the parties agreed to a proffer of award.

The court awarded Mr. McGinnis a total of $47,601.81, comprising $47,500.00 for pain and suffering and $101.81 for past unreimbursable expenses, to be paid as a lump sum.