Ronda Odom v. HHS - DTaP, shoulder injury related to vaccine administration (SIRVA) (2015)

Filed 2013-11-01Decided 2015-09-16Vaccine DTaP
compensated$754,816

Case summary [AI summaries can sometimes make mistakes]

Ronda Odom filed a petition on November 1, 2013, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that a Diphtheria-Tetanus-acellular Pertussis (DTaP) vaccine administered to her left arm on August 30, 2012, caused pain in her left shoulder, consistent with a shoulder injury related to vaccine administration (SIRVA).

The respondent filed a Rule 4(c) report on February 11, 2014, conceding that Ms. Odom's injury was consistent with SIRVA and that she met all legal requirements for compensation under the Act.

On May 21, 2015, the respondent filed a Proffer on Award of Compensation, which Ms. Odom agreed to.

Special Master Nora Beth Dorsey adopted this proffer as the decision of the Court. Ms.

Odom was awarded a lump sum of $754,816.83. This amount included $653,922.50 for lost earnings, $100,000.00 for pain and suffering, and $894.33 for past unreimbursable expenses, as provided under 42 U.S.C. § 300aa-15(a).

Attorneys' fees and costs totaling $42,743.39 were awarded separately. The decision was issued by Special Master Dorsey on September 16, 2015, following a stipulation of facts concerning attorneys' fees and costs filed on August 21, 2015.

Petitioner was represented by John Robert Howie, Jr. of Howie Law, P.C., and respondent was represented by Claudia Barnes Gangi of the United States Department of Justice.

Theory of causation

Petitioner Ronda Odom alleged that a DTaP vaccine administered on August 30, 2012, in her left arm caused a shoulder injury related to vaccine administration (SIRVA) manifesting as left shoulder pain. Respondent conceded the injury was consistent with SIRVA and that petitioner met the legal prerequisites for compensation under the National Vaccine Injury Compensation Program in a Rule 4(c) report filed February 11, 2014. Special Master Nora Beth Dorsey adopted respondent's Proffer on Award of Compensation filed May 21, 2015. The award totaled $754,816.83, comprising $653,922.50 for lost earnings, $100,000.00 for pain and suffering, and $894.33 for past unreimbursable expenses. Attorneys' fees and costs of $42,743.39 were awarded separately. Petitioner was represented by John Robert Howie, Jr. of Howie Law, P.C., and respondent was represented by Claudia Barnes Gangi of the United States Department of Justice. The decision awarding damages was issued May 21, 2015, and the decision on attorneys' fees and costs was issued September 16, 2015.

Source PDFs 3 total · 2 downloaded