Mary Havener v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2018)

Mary Havener filed a petition for compensation under the National Vaccine Injury Compensation Program on May 9, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following a tetanus, diphtheria, acellular pertussis (Tdap) vaccination. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 19, 2017, conceding that petitioner's claim met the Table criteria for SIRVA and that she satisfied the statutory requirements of the Vaccine Act.

Based on the respondent's concession, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on January 4, 2018, finding petitioner entitled to compensation. Subsequently, on May 31, 2018, the parties submitted a proffer on the award of damages.

The respondent proffered that petitioner should be awarded a lump sum of $80,287.00 for all elements of compensation under 42 U.S.C. § 300aa-15(a), and a lump sum of $5,432.57 for attorneys' fees and costs, payable jointly to petitioner and her counsel. Petitioner agreed with the proffered award.

Chief Special Master Dorsey issued a Decision Awarding Damages on September 12, 2018, awarding Mary Havener a lump sum of $80,287.00 payable to her, and $5,432.57 for attorneys' fees and costs. The decision noted that petitioner is a competent adult and no guardianship was required.

Petitioner was represented by Braden Andrew Blumenstiel of Blumenstiel Falvo, LLC, and respondent was represented by Voris Edward Johnson, Jr. of the U.S. Department of Justice.