Catherine W. Viega v. HHS - Tdap, left shoulder injury (2018)

Catherine W. Viega filed a petition for compensation under the National Vaccine Injury Compensation Program on May 31, 2017, alleging a left shoulder injury resulting from a tetanus vaccination administered on September 26, 2016.

The case was assigned to the Special Processing Unit. On January 17, 2018, the respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation.

The respondent believed that petitioner's alleged injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), a Table injury, following the tetanus vaccination. The respondent also agreed that no other cause for the injury was identified, that petitioner met the statutory requirements by suffering the condition for more than six months, and that all legal prerequisites for compensation under the Vaccine Act were satisfied.

Based on the respondent's position and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on January 17, 2018, finding petitioner entitled to compensation. Subsequently, on April 12, 2018, the respondent filed a proffer on award of compensation, recommending an award of $81,877.64, which petitioner agreed to.

Chief Special Master Dorsey issued a decision on April 12, 2018, awarding Catherine W. Viega a lump sum payment of $81,877.64, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The award was to be paid via a check to petitioner. Petitioner was represented by Matthew F.

Belanger of Faraci Lange, LLP, and the respondent was represented by Ilene Claire Albala of the U.S. Department of Justice.

The decision was issued on August 21, 2018.