Misty Titus v. HHS - Tdap, shoulder injury related to vaccine administration (2019)
Case summary [AI summaries can sometimes make mistakes]
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 August 14, 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.
Theory of causation
Petitioner Misty Titus alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccination on February 18, 2015. The respondent conceded that the claim met the Table criteria for SIRVA and entitled the petitioner to a presumption of vaccine causation. A Ruling on Entitlement was issued on January 23, 2018, finding petitioner entitled to compensation. A subsequent Decision Awarding Damages was issued on August 14, 2019, based on a proffer filed by the respondent on May 14, 2019. The proffered award, agreed to by the petitioner, totaled $336,781.23, consisting of $100,000.00 for pain and suffering, $229,523.18 for lost wages, and $7,258.05 for out-of-pocket expenses. The case was decided by Chief Special Master Nora Beth Dorsey. Petitioner counsel was John Robert Howie, and respondent counsel was Amy Paula Kokot. The public decision does not describe the specific mechanism of injury or detail expert testimony.
Source PDFs
USCOURTS-cofc-1_17-vv-00656