Carol A. Allen v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Carol A. Allen filed a petition for compensation under the National Vaccine Injury Compensation Program on October 11, 2018, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on February 14, 2017.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 20, 2020, conceding that Petitioner's alleged injury was consistent with SIRVA and met the requirements of a Table injury, finding her entitled to compensation. Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on February 20, 2020, finding Petitioner entitled to compensation. Subsequently, on March 24, 2020, the respondent filed a proffer on the award of compensation, recommending a lump sum payment of $155,000.00 for pain and suffering damages, which Petitioner agreed to.
On April 24, 2020, Chief Special Master Corcoran issued a decision awarding Carol A. Allen a lump sum payment of $155,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Howard Scott Gold of Gold Law Firm, LLC, and Respondent was represented by Darryl R.
Wishard of the U.S. Department of Justice.
Theory of causation
Petitioner Carol A. Allen received a Tdap vaccine on February 14, 2017, and alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA and met the requirements of a Table injury. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 20, 2020, finding Petitioner entitled to compensation. A subsequent decision on April 24, 2020, awarded Petitioner a lump sum of $155,000.00 for pain and suffering damages, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). The public text does not specify the mechanism of injury, expert testimony, or detailed medical findings. Petitioner was represented by Howard Scott Gold, and Respondent by Darryl R. Wishard.
Source PDFs
USCOURTS-cofc-1_18-vv-01582