Misty Titus v. HHS - Tdap, shoulder injury related to vaccine administration (2019)

Misty Titus filed a petition for compensation on January 19, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on February 18, 2015. The case was assigned to the Special Processing Unit.

On January 19, 2018, the respondent filed a Rule 4(c) report conceding that the petitioner's claim met the Table criteria for SIRVA and that she was entitled to a presumption of vaccine causation. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on January 23, 2018, finding Ms.

Titus entitled to compensation. Subsequently, on May 14, 2019, the respondent filed a proffer on award of compensation, proposing a total award of $336,781.23.

This amount was comprised of $100,000.00 for pain and suffering, $229,523.18 for lost wages, and $7,258.05 for out-of-pocket expenses. The petitioner agreed with the proffered award.

On May 17, 2019, Chief Special Master Dorsey issued a Decision Awarding Damages, granting the lump sum payment of $336,781.23 to Misty Titus, who is a competent adult. The decision was issued by Chief Special Master Nora Beth Dorsey, with petitioner represented by John Robert Howie of Howie Law, PC, and respondent represented by Amy Paula Kokot of the U.S.

Department of Justice.