Kathryn Cummings v. HHS - Tdap, right shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Kathryn Cummings filed a petition for compensation in the National Vaccine Injury Compensation Program on February 7, 2018, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccination on May 18, 2017. Petitioner alleged the onset of pain within 48 hours of the vaccination.
The respondent, the Secretary of Health and Human Services, did not contest entitlement to compensation. On October 6, 2020, the Special Master issued Findings of Fact confirming that petitioner received the Tdap vaccination in her right arm and that the onset of her right shoulder pain occurred within 48 hours thereafter.
The respondent, in an amended Rule 4(c) report filed on October 19, 2020, stated that petitioner had satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA, and therefore would not defend the case on other grounds. Based on the respondent's position and the evidence, Special Master Thomas L.
Gowen ruled that petitioner was entitled to compensation. Subsequently, on March 2, 2021, the parties filed a stipulation for damages.
The stipulation awarded a lump sum of $85,000.00, payable to petitioner, as compensation for all damages. On March 25, 2021, Special Master Gowen adopted the stipulation and ordered that judgment be entered in accordance with its terms, awarding Kathryn Cummings a total of $85,000.00.
Theory of causation
Kathryn Cummings filed a petition alleging a right shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on May 18, 2017, with onset of pain within 48 hours. The injury is listed on the Vaccine Injury Table. The respondent did not contest entitlement, agreeing that petitioner met the criteria for SIRVA on the Vaccine Injury Table. Special Master Thomas L. Gowen issued Findings of Fact confirming the vaccination and the 48-hour onset of pain. The respondent's Rule 4(c) report stated petitioner satisfied the criteria for SIRVA. The parties stipulated to an award of $85,000.00 for all damages. The decision was issued on March 25, 2021. Petitioner was represented by Leah V. Durant, and respondent was represented by Julia M. Collison. The Special Master was Thomas L. Gowen.