Sherri Cayton v. HHS - Pneumococcal, right-sided shoulder injury related to vaccine administration (SIRVA) (2019)

Sherri Cayton filed a petition for compensation under the National Vaccine Injury Compensation Program on January 16, 2018. She alleged that she received a pneumococcal vaccination on December 16, 2016, and subsequently suffered a right-sided shoulder injury related to vaccine administration (SIRVA).

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Cayton's claim met the Table criteria for SIRVA and that she satisfied the statutory requirements for compensation.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Cayton entitled to compensation.

Subsequently, the parties submitted a proffer for damages. The respondent's proffer indicated that Ms.

Cayton should be awarded $86,500.00, which included $1,500.00 for past unreimbursable expenses. The respondent represented that Ms.

Cayton agreed with this proffered award. Chief Special Master Dorsey issued a decision awarding Ms.

Cayton a lump sum payment of $86,500.00, payable by check to Sherri Cayton, as compensation for all damages available under the Vaccine Act. The case was resolved through a concession by the respondent and a stipulated award.

Petitioner was represented by Jessica Anne Olins of Maglio Christopher & Toale, PA, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice.