Allen O. Cabansag v. HHS - DTaP, right shoulder injury (2016)

Filed 2016-08-23Decided 2016-11-01Vaccine DTaP
compensated$135,000

Case summary [AI summaries can sometimes make mistakes]

Allen O. Cabansag filed a petition for compensation under the National Vaccine Injury Compensation Program on April 14, 2016, alleging he suffered a right shoulder injury after receiving the diphtheria, tetanus, and acellular pertussis (DTaP) vaccine on February 28, 2014.

The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 8, 2016, conceding that Mr.

Cabansag's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and was caused by the Tdap vaccination. The respondent also agreed that Mr.

Cabansag had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on August 23, 2016, finding Mr.

Cabansag entitled to compensation. Subsequently, on November 1, 2016, Chief Special Master Dorsey issued a decision awarding Mr.

Cabansag $135,000.00 as a lump sum payment. This award represents compensation for all damages available under the Act.

Petitioner was represented by Carol L. Gallagher of Carol L.

Gallagher, Esquire, LLC, and respondent was represented by Robert P. Coleman, III, of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation

Petitioner Allen O. Cabansag alleged a right shoulder injury following administration of the DTaP vaccine on February 28, 2014. The respondent conceded that the injury was consistent with a Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused-in-fact by the Tdap vaccination. The case was decided based on this concession, without detailed discussion of medical experts or specific causation mechanisms in the public text. Chief Special Master Nora Beth Dorsey ruled on entitlement on August 23, 2016, and awarded $135,000.00 in a decision dated November 1, 2016. Petitioner was represented by Carol L. Gallagher, and respondent by Robert P. Coleman, III.

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