Holly Swenson v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2015)
Case summary [AI summaries can sometimes make mistakes]
Holly Swenson filed a petition for compensation under the National Vaccine Injury Compensation Program on June 18, 2015, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by her Tetanus-diphtheria-acellular pertussis (Tdap) vaccination on August 21, 2014. The case was assigned to the Special Processing Unit.
On October 7, 2015, the respondent filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with SIRVA and was caused in fact by the Tdap vaccine received on or about August 21, 2014. The respondent also indicated that no other cause for the petitioner's SIRVA had been identified and that the injury lasted for more than six months.
Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 7, 2015, finding Holly Swenson entitled to compensation. Subsequently, on November 17, 2015, a decision awarding damages was issued.
Pursuant to a proffer filed by the respondent on October 22, 2015, Chief Special Master Dorsey awarded Holly Swenson a lump sum payment of $113,832.20, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). This amount was to be paid in the form of a check payable to Holly Swenson.
Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Darryl Wishard of the U.S. Department of Justice.
On September 26, 2016, a separate decision addressed attorneys' fees and costs. Based on a stipulation of fact filed by the parties on October 26, 2015, Chief Special Master Dorsey awarded $16,000.00 for attorneys' fees and costs.
Petitioner's counsel represented that petitioner incurred no out-of-pocket expenses. This award was to be paid as a lump sum in the form of a check jointly payable to petitioner and her counsel, Muller Brazil, LLP.
The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.
Theory of causation
Petitioner Holly Swenson alleged a shoulder injury related to vaccine administration (SIRVA) caused by her Tdap vaccination on August 21, 2014. The respondent conceded causation-in-fact for the petitioner's SIRVA, stating the injury was consistent with SIRVA and caused by the Tdap vaccine, and that the injury lasted more than six months. The public decision does not name specific medical experts or detail the mechanism of injury beyond the general category of SIRVA. The case proceeded on a concession of entitlement. Chief Special Master Nora Beth Dorsey ruled on entitlement on October 7, 2015, and awarded damages on November 17, 2015, based on respondent's proffer, granting a lump sum of $113,832.20. Attorneys' fees and costs of $16,000.00 were awarded on September 26, 2016, based on a stipulation. Petitioner was represented by Maximillian Muller (Muller Brazil, LLP) and respondent by Darryl Wishard (U.S. Department of Justice).