Peter Tatum v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Peter Tatum filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of either a human papillomavirus (HPV) vaccine or a tetanus, diphtheria, and pertussis (Tdap) vaccination he received on January 17, 2023. He further alleged that his injury resulted in residual symptoms lasting more than six months.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Tatum's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent noted that Tatum had no prior history of shoulder pain or dysfunction, his pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injection site, with no other identified condition explaining the symptoms.
Based on the respondent's concession and the evidence, the court found Tatum entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, proposing a total of $50,000.00 for pain and suffering, which Tatum agreed to.
The court awarded Tatum a lump sum payment of $50,000.00 for pain and suffering, to be paid through his counsel.
Source PDFs
USCOURTS-cofc-1_24-vv-00472