Samantha Jenney v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2015)
Case summary [AI summaries can sometimes make mistakes]
Samantha Jenney filed a petition on April 23, 2014, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccination on July 21, 2011. The respondent filed a Rule 4(c) Report on July 18, 2014, conceding that the petitioner suffered from SIRVA and recommending compensation.
The parties subsequently entered into a stipulation and proffer regarding damages. Special Master Laura D.
Millman issued a decision on April 13, 2015, awarding Samantha Jenney a total of $155,963.04. This amount included a lump sum of $15,299.00 for Year 1 life care expenses, $664.04 for past unreimbursable expenses, and $140,000.00 for pain and suffering.
The award also covered liens from the Boston Medical Center HealthNet Plan ($1,076.77) and the Neighborhood Health Plan ($8,516.49). Additionally, an amount was set aside to purchase an annuity for future medical care needs, with specific growth rates applied to medical (6.0%) and non-medical (4.0%) items.
The decision noted that the petitioner was not entitled to future lost earnings compensation as she was expected to be able to engage in gainful employment. The parties agreed to the terms outlined in Respondent's Proffer on Award of Compensation, which was filed on April 10, 2015.
Petitioner counsel was Ronald C. Homer, and respondent counsel was Claudia B.
Gangi. The public decision does not describe the specific onset, symptoms, medical tests, or treatments related to the SIRVA, nor does it name any medical experts beyond the life care planners.
Theory of causation
Petitioner Samantha Jenney, age 42, received a Tdap vaccination on July 21, 2011, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement to compensation for SIRVA. The parties stipulated to an award based on a life care plan, past unreimbursable expenses, and pain and suffering. The total award was $155,963.04, comprising $15,299.00 for Year 1 life care expenses, $664.04 for past unreimbursable expenses, and $140,000.00 for pain and suffering. Additionally, liens from Boston Medical Center HealthNet Plan ($1,076.77) and Neighborhood Health Plan ($8,516.49) were satisfied. An amount was allocated for a life-contingent annuity for future medical care, with projected growth rates of 6.0% for medical items and 4.0% for non-medical items. Life care planners Linda Curtis, RN, MS, CCM, CNLCP, and Maureen Clancy, RN, BSN, CLCP, provided estimations for future needs. The theory of causation is based on the "Table" for SIRVA. The decision was issued by Special Master Laura D. Millman on April 13, 2015. Petitioner's counsel was Ronald C. Homer, and respondent's counsel was Claudia B. Gangi.
Source PDFs
USCOURTS-cofc-1_14-vv-00338