Kathy Reid v. HHS - Pneumococcal, left shoulder injury (2020)
Case summary [AI summaries can sometimes make mistakes]
Kathy Reid filed a petition on August 3, 2017, alleging that a pneumococcal (Prevnar) vaccine administered on November 4, 2015, caused a left shoulder injury. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's injury or that it constituted a Shoulder Injury Related to Vaccine Administration (SIRVA) as defined by the Vaccine Injury Table.
Despite the respondent's denials, the parties filed a joint stipulation recommending an award of compensation. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
The stipulation provided for a lump sum award of $51,000.00, payable to Kathy Reid, intended to compensate for all damages available under the National Vaccine Injury Compensation Program. The parties agreed to expedite the judgment process by waiving their right to seek review.
The decision was issued on January 6, 2020. Petitioner was represented by Amy A.
Senerth of Muller Brazil, LLP, and respondent was represented by Heather Pearlman of the U.S. Department of Justice.
Theory of causation
Petitioner Kathy Reid alleged a left shoulder injury resulting from a pneumococcal (Prevnar) vaccine administered on November 4, 2015. Respondent denied causation and that the injury was a Table injury (SIRVA). The parties filed a joint stipulation for compensation. The Special Master adopted the stipulation, awarding $51,000.00 as a lump sum. The public decision does not describe the specific mechanism of injury, expert testimony, or clinical details beyond the alleged condition. The theory of causation is based on a stipulation, not a finding of fact after litigation. The award was made under the National Vaccine Injury Compensation Program. Special Master Nora Beth Dorsey issued the decision on January 6, 2020. Petitioner's counsel was Amy A. Senerth, and respondent's counsel was Heather Pearlman.
Source PDFs
USCOURTS-cofc-1_17-vv-01052