Amy Komaki v. HHS - Prevnar 13, shoulder injury related to vaccine administration (SIRVA) and adhesive capsulitis (2017)
Case summary [AI summaries can sometimes make mistakes]
Amy Komaki filed a petition for compensation under the National Vaccine Injury Compensation Program on October 21, 2016. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) and adhesive capsulitis as a result of her November 20, 2015, Prevnar 13 vaccination.
The case was assigned to the Special Processing Unit. On March 13, 2017, the respondent filed a Rule 4(c) report conceding entitlement.
The respondent concluded that petitioner suffered a non-Table injury of left-side adhesive capsulitis, that the injury was causally related to the Prevnar vaccination received on November 20, 2015, and that petitioner met the statutory requirements, including suffering the condition for more than six months. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 13, 2017, finding petitioner entitled to compensation.
Subsequently, on April 17, 2017, the respondent filed a proffer on award of compensation, proposing a total lump sum of $100,425.36, which petitioner agreed to. Chief Special Master Dorsey issued a decision on December 8, 2017, awarding petitioner a lump sum payment of $100,425.36, payable to Amy Komaki, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
Petitioner was represented by John Robert Howie, Jr. of Howie Law, PC. Respondent was represented by Douglas Ross of the U.S.
Department of Justice.
Theory of causation
Petitioner Amy Komaki received a Prevnar 13 vaccination on November 20, 2015. She alleged and was found to have suffered a shoulder injury related to vaccine administration (SIRVA) and adhesive capsulitis. The respondent conceded entitlement, finding that the injury was a non-Table injury causally related to the vaccination and that petitioner met the statutory requirements. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. The case proceeded to a damages decision based on a proffer. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 13, 2017, and a decision awarding damages on December 8, 2017. Petitioner was awarded a lump sum of $100,425.36. Petitioner was represented by John Robert Howie, Jr. (Howie Law, PC), and respondent was represented by Douglas Ross (U.S. Department of Justice).
Source PDFs
USCOURTS-cofc-1_16-vv-01379