Kathleen Gregory v. HHS - Pneumococcal, Shoulder Injury Related to Vaccine Administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Kathleen Gregory filed a petition for compensation under the National Vaccine Injury Compensation Program on February 27, 2018, alleging that she suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her November 23, 2015 Prevnar vaccination. She stated that the vaccination was administered in the United States, that the effects of her injury lasted for more than six months, and that she had not received a prior award or settlement for this injury.
The respondent denied that the Prevnar vaccination caused petitioner's alleged injury or any other condition. Despite the respondent's denial, the parties filed a joint stipulation on damages on February 23, 2018, agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Kathleen Gregory was awarded a lump sum of $140,000.00, payable by check to the petitioner.
This award included $138,197.40 for pain and suffering and $1,802.60 for past unreimbursed medical expenses. The decision was issued on May 7, 2018.
Petitioner was represented by Jeffrey S. Pop of Jeffrey S.
Pop & Associates, and respondent was represented by Alexis B. Babcock of the U.S.
Department of Justice.
Theory of causation
Petitioner Kathleen Gregory alleged Shoulder Injury Related to Vaccine Administration (SIRVA) following a November 23, 2015 Prevnar vaccination. Respondent denied that the vaccination caused the alleged injury. The parties filed a joint stipulation on damages, agreeing to an award. The public decision does not describe the specific mechanism of injury, onset of symptoms, medical examinations, or treatments. No experts were named in the public decision. The Special Master adopted the stipulation, awarding $140,000.00, comprising $138,197.40 for pain and suffering and $1,802.60 for past unreimbursed medical expenses. The decision was issued by Chief Special Master Nora Beth Dorsey on May 7, 2018. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Alexis B. Babcock.
Source PDFs
USCOURTS-cofc-1_16-vv-01360