Janette Cole v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2015)
Case summary [AI summaries can sometimes make mistakes]
Janette Cole filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered shoulder injuries caused in fact by the Tetanus diphtheria acellular pertussis (Tdap) vaccination she received on December 27, 2013. The respondent, the Secretary of Health and Human Services, conceded that compensation was appropriate, concluding that Ms.
Cole suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), a non-Table injury, and that the injury was causally related to the vaccination. Based on this concession, the Chief Special Master found Janette Cole entitled to compensation.
Subsequently, the parties filed a proffer on the award of compensation, agreeing to a lump sum payment of $75,000.00 for all elements of compensation. The decision awarding damages was issued on April 15, 2015.
Later, on April 24, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $14,750.00. This amount was awarded as a lump sum jointly payable to Janette Cole and her counsel.