Amy Junker v. HHS - Tdap, shoulder injury related to vaccine administration (2015)
Case summary [AI summaries can sometimes make mistakes]
Amy Junker filed a petition for compensation under the National Vaccine Injury Compensation Program on November 26, 2014, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccine on December 7, 2011. The case was assigned to the Special Processing Unit.
On March 7, 2015, the respondent filed a status report conceding that Ms. Junker's injury was consistent with SIRVA and that she met the statutory requirements for compensation, having suffered residual effects for more than six months.
Based on this concession and the evidence, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on March 9, 2015, finding Ms. Junker entitled to compensation.
Subsequently, on October 2, 2015, the respondent filed a proffer on the award of compensation. On November 13, 2015, Chief Special Master Nora Beth Dorsey issued a decision awarding damages based on this proffer.
The decision awarded Ms. Junker a lump sum payment of $70,000.00, representing compensation for all damages available under the Vaccine Act.
Petitioner was represented by Mark Theodore Sadaka, and respondent was represented by Jennifer Leigh Reynaud. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Amy Junker alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on December 7, 2011. The respondent conceded that the injury was consistent with SIRVA and that petitioner met the statutory requirements for compensation, including suffering residual effects for more than six months. The theory of causation relied on the "Table" for SIRVA. No specific medical experts were named in the public decision. The Special Processing Unit handled the case. Chief Special Master Denise Kathryn Vowell ruled on entitlement on March 9, 2015. Chief Special Master Nora Beth Dorsey awarded $70,000.00 as a lump sum payment on November 13, 2015, based on a proffer from the respondent. Petitioner's counsel was Mark Theodore Sadaka, and respondent's counsel was Jennifer Leigh Reynaud.
Source PDFs
USCOURTS-cofc-1_14-vv-01155