Marie Francis v. HHS - DTaP, left shoulder injuries (2018)

Marie Francis filed a petition for compensation under the National Vaccine Injury Compensation Program on February 17, 2017, alleging that she suffered left shoulder injuries resulting from a Diphtheria, Tetanus, and Pertussis (DTaP) vaccination received on September 21, 2015. The case was assigned to the Special Processing Unit.

On August 14, 2017, the respondent filed a Rule 4(c) report conceding that petitioner's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that petitioner was entitled to compensation. The respondent concluded that the injury was causally related to the vaccination and that no other causes were identified.

The respondent also agreed that petitioner met the statutory requirements for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on August 18, 2017, finding petitioner entitled to compensation.

Subsequently, the parties addressed damages. On January 25, 2018, the respondent filed a proffer on award of compensation, proposing a lump sum payment of $91,202.54, which the petitioner agreed to.

In a decision dated April 11, 2018, Chief Special Master Dorsey awarded Marie Francis a lump sum payment of $91,202.54, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The award was to be paid in the form of a check payable to Marie Francis.

Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Douglas Ross of the U.S.

Department of Justice.