Mark P. Calnan v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2017)

Filed 2017-04-07Decided 2017-12-06Vaccine Tdap
compensated$128,369

Case summary [AI summaries can sometimes make mistakes]

Mark P. Calnan filed a petition for compensation under the National Vaccine Injury Compensation Program on August 18, 2016, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his Tetanus-diphtheria-acellular pertussis (Tdap) vaccination on September 1, 2015.

The case was assigned to the Special Processing Unit. On November 18, 2016, a ruling on entitlement found Mr.

Calnan entitled to compensation for SIRVA. On April 7, 2017, the respondent filed a proffer on award of compensation, stating that Mr.

Calnan should be awarded $128,369.43 and that Mr. Calnan agreed with this amount.

Chief Special Master Nora Beth Dorsey reviewed the record and found that Mr. Calnan was entitled to an award as stated in the proffer.

Pursuant to the terms of the proffer, Chief Special Master Dorsey awarded Mr. Calnan a lump sum payment of $128,369.43, representing compensation for all damages available under the Vaccine Act.

The decision noted that the case proceeded as a Table claim and the parties stipulated to the award amount. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Mallori Browne Openchowski.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The specific mechanism of injury for SIRVA is not detailed in this decision.

Theory of causation

Petitioner Mark P. Calnan alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccination on September 1, 2015. The case proceeded as a Table claim. A ruling on entitlement issued on November 18, 2016, found petitioner entitled to compensation for SIRVA. Respondent filed a proffer on award of compensation on April 7, 2017, proposing an award of $128,369.43, which petitioner accepted. Chief Special Master Nora Beth Dorsey issued a decision on December 6, 2017, awarding the stipulated lump sum of $128,369.43 to petitioner. The public decision does not detail the specific medical experts, clinical findings, or the precise mechanism of injury beyond it being a SIRVA claim under the Vaccine Act's Table. Petitioner was represented by Ronald Craig Homer, and respondent was represented by Mallori Browne Openchowski.

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