Mabel B. Markham v. HHS - Pneumococcal, shoulder injury related to vaccine administration (2017)
Case summary [AI summaries can sometimes make mistakes]
Mabel B. Markham filed a petition for compensation under the National Vaccine Injury Compensation Program on June 21, 2016.
She alleged that she received a pneumococcal conjugate 13-valent vaccination (Prevnar-13) in her right arm and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit.
On February 21, 2017, a ruling on entitlement was issued, finding Ms. Markham entitled to compensation.
On March 13, 2017, the respondent filed a proffer on award of compensation, indicating that Ms. Markham should be awarded $110,000.00.
The petitioner agreed with this proffered award. Chief Special Master Nora Beth Dorsey issued a decision on March 14, 2017, awarding Ms.
Markham a lump sum payment of $110,000.00, representing compensation for all damages available under the Vaccine Act. This amount was to be paid via check to Ms.
Markham. The decision noted that attorneys' fees and litigation costs would be determined at a later date upon submission of substantiating documentation by the petitioner.
The case proceeded as a Table claim, with entitlement conceded by the respondent. Petitioner was represented by Kelly Burdette of Burdette Law, PLLC, and respondent was represented by Camille Collett of the U.S.
Department of Justice.
Theory of causation
Petitioner Mabel B. Markham alleged a shoulder injury related to vaccine administration (SIRVA) following a pneumococcal conjugate 13-valent vaccination (Prevnar-13). The case proceeded as a Table claim. Respondent conceded entitlement. A ruling on entitlement was issued on February 21, 2017. On March 13, 2017, respondent filed a proffer on award of compensation, proposing $110,000.00. Petitioner agreed to this amount. Chief Special Master Nora Beth Dorsey issued a decision on March 14, 2017, awarding petitioner a lump sum of $110,000.00. Petitioner was represented by Kelly Burdette, and respondent was represented by Camille Collett.
Source PDFs
USCOURTS-cofc-1_16-vv-00728