Karen Owens v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2020)

Karen Owens filed a petition for compensation under the National Vaccine Injury Compensation Program on March 27, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving a tetanus, diphtheria, and acellular pertussis (Tdap) vaccination on April 13, 2015. The petition stated that the vaccination was received in the United States, that the residual effects of the SIRVA lasted for more than six months, and that no civil action had been filed or compensation received for the injury.

The respondent, the Secretary of Health and Human Services, filed an amended Rule 4 report on January 31, 2020, conceding that the petitioner suffered SIRVA as defined by the Vaccine Injury Table and had satisfied all legal prerequisites for compensation. This concession followed a prior fact ruling on October 31, 2019, by Chief Special Master Brian H.

Corcoran, which found preponderant evidence that the petitioner suffered the residual effects of her injury for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Corcoran issued a ruling on entitlement on February 5, 2020, finding Ms.

Owens entitled to compensation. Subsequently, on April 9, 2020, the respondent filed a proffer on the award of damages, which the petitioner agreed to.

The proffer stipulated an award of $35,649.41, comprising $35,000.00 for actual and projected pain and suffering and $649.41 for actual unreimbursable expenses. On April 9, 2020, Chief Special Master Corcoran issued a decision awarding Ms.

Owens the stipulated amount of $35,649.41 as a lump sum payment. Ms.

Owens is a competent adult, and no guardianship was required. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Petitioner was represented by William E. Cochran, Jr., and respondent was represented by Jennifer Leigh Reynaud.