Larry Thompson v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA), adhesive capsulitis, glenohumeral arthritis, and shoulder pain (2015)

Filed 2014-11-24Decided 2015-07-27Vaccine Tdap
compensated$118,571

Case summary [AI summaries can sometimes make mistakes]

Larry Thompson filed a petition for compensation under the National Vaccine Injury Compensation Program on November 24, 2014, alleging he developed a shoulder injury related to vaccine administration (SIRVA), adhesive capsulitis, glenohumeral arthritis, and shoulder pain following a Tdap vaccination administered on January 27, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 30, 2015, indicating that the petitioner's alleged injury was consistent with SIRVA and caused by the Tdap vaccination.

Although the respondent's concession of SIRVA was more limited than the injuries alleged in the petition, the parties subsequently discussed damages. On April 27, 2015, the respondent filed a proffer proposing an award of $118,571.53, representing all elements of compensation to which Mr.

Thompson would be entitled under 42 U.S.C. § 300aa-15(a). The parties stipulated to this amount, and Chief Special Master Denise Kathryn Vowell issued a decision on April 28, 2015, awarding compensation in the stipulated lump sum of $118,571.53, payable to Mr.

Thompson. Subsequently, on June 22, 2015, the parties filed a stipulation regarding attorneys' fees and costs.

Chief Special Master Vowell issued a decision on July 27, 2015, awarding $17,250.00 in attorneys' fees and costs, payable jointly to Mr. Thompson and his counsel, William Cochran of Black, McLaren, Jones, Ryland & Griffee, P.C.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by William Cochran, and respondent was represented by Lara Englund.

The Special Master was Denise Kathryn Vowell.

Theory of causation

Petitioner Larry Thompson alleged a shoulder injury related to vaccine administration (SIRVA), adhesive capsulitis, glenohumeral arthritis, and shoulder pain following a Tdap vaccination on January 27, 2014. Respondent's Rule 4(c) report indicated the injury was consistent with SIRVA and caused by the Tdap vaccination. The parties stipulated to an award of $118,571.53 for all elements of compensation under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the SIRVA determination beyond the respondent's concession. The award was based on a stipulation and proffer, not a litigated decision on causation. Chief Special Master Denise Kathryn Vowell issued the decision on April 28, 2015. Attorneys for petitioner were William Cochran and for respondent Lara Englund. A subsequent decision on July 27, 2015, awarded $17,250.00 in attorneys' fees and costs.

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