Patricia Lynne Spilman v. HHS - tetanus, Shoulder Injury Related to Vaccine Administration (SIRVA), including rotator cuff tear, tendinosis, and fluid collection (2016)

Filed 2015-01-12Decided 2016-01-19Vaccine tetanus
compensated$67,500

Case summary [AI summaries can sometimes make mistakes]

Patricia Lynne Spilman filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2015, alleging that she sustained shoulder injuries, including a rotator cuff tear, tendinosis, and fluid collection, as a result of a tetanus vaccine she received on April 6, 2014. The case was assigned to the Special Processing Unit.

On June 8, 2015, the respondent conceded that the petitioner was entitled to compensation, agreeing that her Shoulder Injury Related to Vaccine Administration (SIRVA) was more likely than not caused by the vaccination and that her injury lasted for more than six months. The respondent also agreed that petitioner satisfied all legal prerequisites for compensation.

On November 16, 2015, a decision was issued finding petitioner entitled to compensation. Subsequently, on November 13, 2015, the respondent filed a proffer stating that petitioner should be awarded $67,500.00, representing compensation for all damages available under the Act.

Petitioner agreed with this proffered award. On January 19, 2016, a decision was issued awarding Patricia Lynne Spilman a lump sum payment of $67,500.00.

Later, on March 23, 2016, the parties stipulated to an award of $14,000.00 for attorneys' fees and costs, which was also granted by the court.

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