Laura McClary v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Laura McClary filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on October 13, 2014. The case was assigned to the Special Processing Unit.
Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. McClary was entitled to compensation.
The respondent agreed that her alleged injury was consistent with SIRVA and that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found Ms.
McClary entitled to compensation. Subsequently, a decision awarding damages was issued.
The respondent had submitted a proffer on damages, indicating an award of $75,000.00, which Ms. McClary agreed to.
The court awarded Ms. McClary a lump sum payment of $75,000.00 as compensation for all available damages.
Source PDFs
USCOURTS-cofc-1_16-vv-00158