Kevin Sanford v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Kevin Sanford filed a petition on July 31, 2015, alleging that he suffered a shoulder injury caused in fact by the Tetanus, Diphtheria, Pertussis (Tdap) vaccination he received on November 11, 2014. The case was assigned to the Special Processing Unit.
On February 5, 2016, the respondent filed a Rule 4(c) report and Proffer on Damages, conceding that the case was appropriate for compensation. The respondent concluded that Mr.
Sanford's alleged injury was consistent with shoulder injury related to vaccine administration (SIRVA) and was caused in fact by the Tdap vaccine. The respondent further agreed that Mr.
Sanford suffered residual effects for more than six months and had satisfied all legal prerequisites for compensation under the National Vaccine Injury Compensation Program. Based on the evidence and the respondent's concession, Chief Special Master Nora Beth Dorsey found Mr.
Sanford entitled to compensation. The parties stipulated to an award of $80,501.17, representing all elements of compensation available under the Act.
This amount was awarded as a lump sum payment to Kevin Sanford. Maximillian Muller of Muller Brazil, LLP, represented the petitioner, and Traci Patton of the U.S.
Department of Justice represented the respondent. The decision was signed by Chief Special Master Nora Beth Dorsey.
Theory of causation
Petitioner Kevin Sanford alleged a shoulder injury caused in fact by the Tetanus, Diphtheria, Pertussis (Tdap) vaccination received on November 11, 2014. The respondent conceded the injury was consistent with shoulder injury related to vaccine administration (SIRVA) and was caused in fact by the Tdap vaccine. The respondent also agreed that petitioner suffered residual effects for more than six months and met all legal prerequisites for compensation. The case was decided based on this concession and the evidence of record. Chief Special Master Nora Beth Dorsey ruled on entitlement and awarded damages. The award was stipulated to be $80,501.17, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), paid as a lump sum to petitioner. Petitioner was represented by Maximillian Muller (Muller Brazil, LLP), and respondent was represented by Traci Patton (U.S. Department of Justice). The decision date was September 26, 2016.
Source PDFs
USCOURTS-cofc-1_15-vv-00818