Cynthia A. Marcinik v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Cynthia A. Marcinik filed a petition for compensation under the National Vaccine Injury Compensation Program on July 17, 2018.
She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by the Tetanus, Diphtheria, and acellular Pertussis (Tdap) vaccine she received on October 28, 2015. Ms.
Marcinik stated that she received the vaccination in the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation. The respondent denied that the Tdap vaccine caused her alleged SIRVA or any other injury.
Despite the respondent's denial, the parties filed a joint stipulation on July 16, 2018, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.
Pursuant to the stipulation, Ms. Marcinik was awarded a lump sum of $25,000.00 as compensation for all items of damages.
Petitioner's counsel was Jeffrey A. Golvash of Brennan, Robins & Daley, P.C., and respondent's counsel was Colleen Clemons Hartley of the U.S.
Department of Justice. The decision was issued on October 17, 2018.
Theory of causation
Petitioner Cynthia A. Marcinik alleged that the Tdap vaccine administered on October 28, 2015, caused a shoulder injury related to vaccine administration (SIRVA). The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation did not detail the specific medical mechanism or expert opinions supporting the SIRVA claim, nor did it specify the exact nature of the injury beyond SIRVA. The award was a lump sum of $25,000.00 for all damages. The theory of causation was considered "Off-Table" in the provided data, indicating it was not presumed to be vaccine-related under the Vaccine Injury Table. Petitioner was represented by Jeffrey A. Golvash, and respondent by Colleen Clemons Hartley. The decision was issued on October 17, 2018.
Source PDFs
USCOURTS-cofc-1_17-vv-00680