Kathryn Scott-Hlavac v. HHS - Pneumococcal, shoulder pain (2017)

Kathryn Scott-Hlavac filed a petition for compensation under the National Vaccine Injury Compensation Program on October 5, 2016, alleging she suffered shoulder pain as a result of a pneumococcal conjugate vaccine 13 (PCV 13) administered on May 30, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner is entitled to compensation.

The respondent agreed that the petitioner's injury was consistent with a shoulder injury related to vaccine administration (SIRVA), was caused-in-fact by the PCV 13 vaccine, and that there were no other identified causes for the injury. The petitioner also suffered the sequelae of her injuries for more than six months.

Based on the respondent's concession and the evidence, the Chief Special Master found that the petitioner is entitled to compensation. The case was proceeding to determine damages.