Janice Kilpatrick v. HHS - Pneumococcal, shoulder injury related to vaccine administration (SIRVA) (2018)

Janice Kilpatrick filed a petition for compensation under the National Vaccine Injury Compensation Program on January 23, 2017, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving a Prevnar 13 pneumococcal vaccine on November 12, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 20, 2017, conceding that petitioner was entitled to compensation.

The respondent agreed that the alleged injury was consistent with SIRVA and that no other cause for the petitioner's injury had been identified. The respondent also stated that the petitioner had suffered her condition for more than six months and satisfied all legal prerequisites for compensation under the Vaccine Act.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 20, 2017, finding petitioner entitled to compensation. Subsequently, on May 21, 2018, the respondent filed a proffer on the award of compensation.

The proffer indicated that petitioner should be awarded $95,301.10, comprising $95,000.00 for pain and suffering and $301.10 for past out-of-pocket medical expenses. The proffer stated that the petitioner agreed with this proffered award.

On September 5, 2018, Chief Special Master Dorsey issued a decision awarding Janice Kilpatrick a total of $95,301.10 in the form of a lump sum payment. This amount represented compensation for all damages available under the Vaccine Act.

Petitioner was represented by Amber Diane Wilson of Maglio Christopher & Toale, PA, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.