George Segal v. HHS - Tdap, shoulder injury related to vaccine administration (2022)

Filed 2018-06-07Decided 2022-08-16Vaccine Tdap
compensated$65,135

Case summary [AI summaries can sometimes make mistakes]

George Segal filed a petition for compensation under the National Vaccine Injury Compensation Program on June 7, 2018, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus, diphtheria and acellular pertussis (Tdap) vaccination administered on June 10, 2015. The case was assigned to the Special Processing Unit.

On July 21, 2020, Respondent filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table and that Petitioner suffered residual effects for more than six months. Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on July 21, 2020, finding Mr. Segal entitled to compensation.

On July 6, 2022, Respondent filed a proffer on award of compensation, proposing a lump sum payment of $65,000.00 for pain and suffering and $135.04 to satisfy an Ohio Medicaid lien. Mr.

Segal, a competent adult, agreed with the proffered award. Chief Special Master Corcoran issued a decision on August 16, 2022, awarding Mr.

Segal a total of $65,135.04, consisting of $65,000.00 payable to him and $135.04 payable jointly to him and the Treasurer, State of Ohio, for the Medicaid lien. Petitioner was represented by Braden Andrew Blumenstiel of The Law Office of DuPont & Blumenstiel, and Respondent was represented by Sarah Christina Duncan of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Mr.

Segal.

Theory of causation

George Segal filed a petition on June 7, 2018, alleging a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on June 10, 2015. Respondent conceded entitlement, agreeing that the injury was consistent with SIRVA as defined on the Vaccine Injury Table and that Petitioner suffered residual effects for more than six months. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 21, 2020. A subsequent decision on August 16, 2022, awarded Petitioner $65,135.04, comprising $65,000.00 for pain and suffering and $135.04 to satisfy an Ohio Medicaid lien. Petitioner was represented by Braden Andrew Blumenstiel, and Respondent was represented by Sarah Christina Duncan. The specific mechanism of injury, expert testimony, or detailed medical evidence supporting the SIRVA diagnosis are not described in the provided public text.

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