Margery Hebden v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Margery Hebden filed a petition for compensation under the National Vaccine Injury Compensation Program on January 31, 2018. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on June 24, 2017.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Hebden's alleged injury was consistent with SIRVA, a condition listed on the Vaccine Injury Table, and that she met all legal prerequisites for compensation.
On December 7, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Hebden entitled to compensation.
Subsequently, on March 8, 2019, the respondent filed a proffer on the award of compensation. Based on this proffer, to which the petitioner agreed, Chief Special Master Dorsey issued a decision on March 12, 2019, awarding Ms.
Hebden a lump sum payment of $50,000.00 for pain and suffering. This amount represents compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner was represented by Jeffrey S.
Pop of Jeffrey S. Pop & Associates, and respondent was represented by Jeffrey T.
Sprague of the U.S. Department of Justice.