Rodney McDonald v. HHS - Hepatitis A, shoulder injury related to vaccine administration (2018)

Filed 2017-01-31Decided 2018-04-24Vaccine Hepatitis A
compensated$70,000

Case summary [AI summaries can sometimes make mistakes]

Rodney McDonald filed a petition for compensation under the National Vaccine Injury Compensation Program on January 31, 2017. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving Hepatitis A, Hepatitis B, and Tetanus vaccines on December 29, 2015.

Mr. McDonald further alleged that he experienced residual effects from this injury for more than six months and that no prior award or settlement of a civil action for damages had been made on his behalf.

The respondent, the Secretary of Health and Human Services, denied that the vaccines caused Mr. McDonald's alleged shoulder injury or any other condition.

Despite the respondent's denial, the parties filed a joint stipulation for damages on January 17, 2018. The stipulation stated that a decision should be entered awarding compensation.

Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Mr.

McDonald was awarded a lump sum of $70,000.00, payable by check to the petitioner. This amount was intended to compensate for all items of damages available under the Vaccine Act.

The decision was issued on April 24, 2018. Petitioner's counsel was Jeffrey S.

Pop of Jeffrey S. Pop & Associates.

Respondent's counsel was Ilene Clair Albala of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. The decision also does not name any medical experts.

Theory of causation

Petitioner Rodney McDonald alleged a shoulder injury related to vaccine administration (SIRVA) following vaccination with Hepatitis A, Hepatitis B, and Tetanus vaccines on December 29, 2015, with residual effects lasting over six months. Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $70,000.00 as compensation for all damages under the Vaccine Act. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation. The award was made via joint stipulation. Petitioner's counsel was Jeffrey S. Pop; respondent's counsel was Ilene Clair Albala. Decision date: April 24, 2018.

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