Barbara Miller v. HHS - Pneumococcal, left shoulder injury related to vaccination administration (2020)

Barbara Miller filed a petition for compensation under the National Vaccine Injury Compensation Program on January 30, 2019, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving a pneumococcal conjugate 13 (PCV-13) vaccine on October 7, 2016. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her injury or that she sustained a SIRVA Table injury.

The parties, represented by Anne Carrion Toale of Maglio Christopher & Toale, PA for the petitioner and Mollie Danielle Gorney of the U.S. Department of Justice for the respondent, filed a joint stipulation on June 17, 2020, agreeing to settle the case and award compensation.

Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.

The stipulation stated that the PCV-13 vaccine is contained in the Vaccine Injury Table and that the vaccination was administered in the United States. Petitioner represented that there had been no prior award or settlement of a civil action for damages on her behalf.

As part of the settlement, the Chief Special Master awarded Barbara Miller a lump sum of $80,000.00, payable by check to the petitioner, as compensation for all damages, including pain and suffering and past unreimbursable expenses. The decision was issued on June 19, 2020.

The stipulation also provided for subsequent proceedings to award reasonable attorneys' fees and costs. The parties agreed that the stipulation represented a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act, and it was not an admission by the United States or the Secretary that the vaccine caused the petitioner's injury.

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