Sara Miller v. HHS - Tdap, left shoulder injury (2016)
Case summary [AI summaries can sometimes make mistakes]
Sara Miller filed a petition for compensation under the National Vaccine Injury Compensation Program on September 9, 2015, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on October 29, 2014. The respondent, the Secretary of Health and Human Services, filed a report on January 28, 2016, conceding entitlement to compensation.
The respondent concluded that the petitioner's injury was consistent with SIRVA and was caused-in-fact by the Tdap vaccine. The respondent also noted that the petitioner underwent surgery and experienced sequelae for more than six months, and no other causes for the SIRVA were identified.
Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on January 28, 2016, finding Ms. Miller entitled to compensation.
Subsequently, on February 2, 2016, the parties submitted a proffer on the award of compensation. The respondent proffered an award of $105,281.03, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), and the petitioner agreed to this amount.
Chief Special Master Dorsey issued a decision on February 2, 2016, awarding Ms. Miller a lump sum payment of $105,281.03, payable by check to Sara Miller.
Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Darryl Wishard of the U.S. Department of Justice.
The decision was issued by Chief Special Master Nora Beth Dorsey.
Theory of causation
Petitioner Sara Miller received a Tdap vaccine on October 29, 2014, and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA and was caused-in-fact by the Tdap vaccine. The respondent's report noted that petitioner had surgery and suffered sequelae for more than six months, and no other causes were identified. The public decision does not describe the specific medical mechanism of injury, expert testimony, or the onset of symptoms. Entitlement was conceded by the respondent, and the case proceeded to damages. A proffer on award of compensation was filed on February 2, 2016, by respondent Darryl Wishard, with petitioner agreeing. Chief Special Master Nora Beth Dorsey issued a decision awarding a lump sum of $105,281.03 on February 2, 2016. Petitioner was represented by Maximillian Muller. The theory of causation is considered Off-Table.
Source PDFs
USCOURTS-cofc-1_15-vv-00992