Barbie Smoot v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Barbie Smoot filed a petition for compensation on January 4, 2016, alleging that she suffered an injury to her left shoulder as a result of receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on March 12, 2015. The case was assigned to the Special Processing Unit.
The respondent filed a Rule 4(c) Report on April 4, 2016, conceding that Ms. Smoot's alleged injury was consistent with shoulder injury related to vaccine administration (SIRVA) and that the sequelae lasted more than six months.
Based on this concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 6, 2016, finding Ms. Smoot entitled to compensation.
Subsequently, on August 4, 2016, the respondent filed a proffer on the award of compensation. The proffer recommended a total award of $101,494.63, consisting of $100,000.00 for pain and suffering and $1,494.63 for past unreimbursable expenses.
The petitioner agreed to this award. On October 6, 2016, Chief Special Master Dorsey issued a decision awarding Ms.
Smoot a lump sum payment of $101,494.63, payable by check to petitioner, representing compensation for all damages available under the National Vaccine Injury Compensation Program. Petitioner was represented by Amber Wilson of Maglio Christopher and Toale, PA, and respondent was represented by Claudia Gangi of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Ms.
Smoot, nor does it name any medical experts.
Theory of causation
Petitioner Barbie Smoot alleged injury following a Tdap vaccination on March 12, 2015. The alleged injury was shoulder injury related to vaccine administration (SIRVA). Respondent conceded that the injury was consistent with SIRVA and that the sequelae lasted more than six months. The case proceeded under the "Table" theory of causation, as indicated by the respondent's concession and the nature of the injury. No specific medical experts were named in the public decision. The Special Master ruled on entitlement on April 6, 2016, finding petitioner entitled to compensation. A subsequent decision on October 6, 2016, awarded petitioner a lump sum of $101,494.63, comprising $100,000.00 for pain and suffering and $1,494.63 for past unreimbursable expenses, based on a proffer agreed to by both parties. Petitioner was represented by Amber Wilson (Maglio Christopher and Toale, PA), and respondent was represented by Claudia Gangi (U.S. Department of Justice). Chief Special Master Nora Beth Dorsey presided over the case.
Source PDFs
USCOURTS-cofc-1_16-vv-00014