Heather Lynch v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Heather Lynch filed a petition for compensation on December 20, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on July 12, 2016. The respondent filed a Rule 4(c) report on April 5, 2019, conceding that Ms.
Lynch was entitled to compensation. The respondent determined that her injury was consistent with SIRVA caused by the vaccination and that she met all legal prerequisites for compensation under the Vaccine Act.
On April 10, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Lynch entitled to compensation.
Subsequently, on June 6, 2019, the respondent filed a proffer on the award of damages, which Ms. Lynch agreed to.
Based on this proffer, Chief Special Master Dorsey issued a decision on August 28, 2019, awarding Ms. Lynch a total of $55,049.87.
This award consisted of a lump sum payment of $55,049.87, comprising $55,000.00 for pain and suffering and $49.87 for past unreimbursable expenses. Additionally, a lump sum payment of $2,971.02 was awarded to satisfy a Medicaid lien.
The total award was $55,049.87. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Jennifer Leigh Reynaud of the U.S.
Department of Justice. The case was treated as a Table injury claim.
Theory of causation
Petitioner Heather Lynch alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on July 12, 2016. The respondent conceded entitlement to compensation, agreeing that the injury was consistent with SIRVA caused by the vaccination and that all legal prerequisites were met. The case was treated as a Table injury claim. The decision on entitlement was issued by Chief Special Master Nora Beth Dorsey on April 10, 2019. A subsequent decision on damages, based on a proffer agreed to by both parties, was issued by Chief Special Master Dorsey on August 28, 2019. The award included $55,000.00 for pain and suffering, $49.87 for past unreimbursable expenses, and $2,971.02 to satisfy a Medicaid lien, totaling $55,049.87. Petitioner was represented by Ronald Craig Homer, and respondent was represented by Jennifer Leigh Reynaud.
Source PDFs
USCOURTS-cofc-1_17-vv-01995