Brent Pyles v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Brent Pyles filed a petition for compensation under the National Vaccine Injury Compensation Program on May 10, 2018, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine on May 18, 2017. The petition stated that he experienced residual effects of this condition for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the petitioner sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injuries or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on February 11, 2020, agreeing to a settlement.
Chief Special Master Brian H. Corcoran adopted the stipulation as the decision.
The award included a lump sum of $45,000.00 for pain and suffering, payable to the petitioner. Additionally, a lump sum of $4,545.87 was awarded to reimburse the Commonwealth of Kentucky Medicaid lien, payable jointly to the petitioner and Equian, LLC.
The total award was $49,545.87. The stipulation stated that this settlement represented a compromise of the parties' respective positions on liability and/or damages.
The case was settled as a Table injury claim. Petitioner was represented by John Robert Howie of Howie Law, PC, and the respondent was represented by Colleen Clemons Hartley of the U.S.
Department of Justice.
Theory of causation
Petitioner Brent Pyles alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccination on May 18, 2017. The respondent denied the SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to compensation. The decision adopted this stipulation, awarding $45,000.00 for pain and suffering and $4,545.87 for reimbursement of the Commonwealth of Kentucky Medicaid lien, totaling $49,545.87. The case was settled as a Table injury claim. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical information regarding the onset or progression of the alleged injury. The stipulation was filed on February 11, 2020, and the decision was issued by Chief Special Master Brian H. Corcoran on March 24, 2020. Petitioner's counsel was John Robert Howie, and respondent's counsel was Colleen Clemons Hartley.
Source PDFs
USCOURTS-cofc-1_18-vv-00662