Edwin M. Laird v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA), specifically left shoulder bursitis (2019)
Case summary [AI summaries can sometimes make mistakes]
On September 6, 2017, Edwin M. Laird (who later changed his name to Edwin M.
Mercado) filed a petition seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), specifically left shoulder bursitis, and lumbar pain as a result of the improper administration of a Diphtheria-Tetanus-acellular Pertussis (Tdap) vaccine in his left shoulder on January 16, 2015.
Respondent filed a Rule 4(c) Report stating that Petitioner's bursitis claim was compensable under the Vaccine Act but did not concede that the lumbar pain was causally linked to the vaccination. Petitioner agreed to accept the limited concession and pursue damages only for the bursitis.
Special Master Brian H. Corcoran issued a ruling finding entitlement for the bursitis on October 2, 2018.
Subsequently, the parties engaged in damages negotiations. On December 3, 2018, Special Master Corcoran issued a decision awarding damages based on a proffer agreed to by the parties.
The award consisted of a lump sum payment of $95,000.00 for actual and projected pain and suffering. Petitioner was represented by John Hartman Ferguson of the Medical Injury Law Center, and Respondent was represented by Robert Paul Coleman, III of the U.S.
Department of Justice. The decision was issued on January 7, 2019.
Theory of causation
Petitioner Edwin M. Laird (later Mercado) alleged a Shoulder Injury Related to Vaccine Administration (SIRVA), specifically left shoulder bursitis, and lumbar pain following a Tdap vaccination on January 16, 2015. Respondent conceded that the left shoulder bursitis claim was compensable under the Vaccine Act but did not concede a causal link for the lumbar pain. Petitioner accepted this limited concession. Special Master Brian H. Corcoran found entitlement for the bursitis, concluding Petitioner satisfied all relevant Vaccine Act criteria and that the injury was caused-in-fact by the covered vaccine. The public text does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. The parties stipulated to a damages award of $95,000.00 for actual and projected pain and suffering, paid as a lump sum. The ruling on entitlement was issued October 2, 2018, and the decision awarding damages was issued January 7, 2019. Petitioner's counsel was John Hartman Ferguson, and Respondent's counsel was Robert Paul Coleman, III.
Source PDFs
USCOURTS-cofc-1_17-vv-01203