Maddison Rowlett v. HHS - Hepatitis B, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
On September 20, 2018, Maddison Rowlett filed a petition for vaccine injury compensation alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her Hepatitis B vaccination on August 18, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 27, 2019, conceding entitlement to compensation.
The respondent's medical personnel concluded that the petitioner suffered a SIRVA of the left shoulder, which is a "Table injury" as defined by the Vaccine Injury Table. The respondent noted that the petitioner had no recent history of pain, inflammation, or dysfunction of her left shoulder, that the onset of pain occurred within 48 hours after the vaccination, that the pain was limited to the shoulder where the vaccine was administered, and that no other condition or abnormality could explain the symptoms.
The respondent also agreed that the petitioner suffered residual effects of the condition for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on December 27, 2019, finding Maddison Rowlett entitled to compensation. Subsequently, on January 10, 2020, the respondent filed a proffer on award of compensation, proposing an award of $60,000.00 for past and future pain and suffering.
The petitioner agreed to this proffered award. On February 13, 2020, Chief Special Master Corcoran issued a decision awarding Maddison Rowlett a lump sum payment of $60,000.00, payable by check to the petitioner, as compensation for all damages available under § 15(a).
The public decision does not describe the specific onset symptoms, medical tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Michael G.
McLaren of Black McLaren Jones Ryland & Griffee, P.C., and respondent was represented by Lisa Ann Watts of the U.S. Department of Justice.
Theory of causation
Maddison Rowlett received a Hepatitis B vaccination on August 18, 2017. She subsequently developed a Shoulder Injury Related to Vaccine Administration (SIRVA) of the left shoulder. The respondent conceded entitlement, agreeing that the injury met the criteria for a "Table injury" under 42 C.F.R. §§ 100.3(a), (c)(10), including onset of pain within 48 hours of vaccination, pain limited to the shoulder, and residual effects lasting more than six months, with no other identified condition explaining the symptoms. The theory of causation is based on the Vaccine Injury Table. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 27, 2019, and a decision awarding damages on February 13, 2020. The award was a lump sum of $60,000.00 for past and future pain and suffering, based on a stipulation between petitioner (Michael G. McLaren) and respondent (Lisa Ann Watts). The public text does not detail the specific mechanism of injury or name any medical experts.
Source PDFs
USCOURTS-cofc-1_18-vv-01441