Diana Schmauder v. HHS - Pneumococcal, shoulder injury related to vaccine administration (SIRVA) (2021)

Diana Schmauder filed a petition on January 31, 2019, seeking compensation for a shoulder injury related to vaccine administration (SIRVA) following her Prevnar 13 vaccination on July 13, 2016. The respondent is the Secretary of Health and Human Services.

A fact hearing was held on January 28, 2021, to determine the onset of Ms. Schmauder's injury.

On February 1, 2021, the Special Master issued a ruling finding that Ms. Schmauder's shoulder pain began within 48 hours of her vaccination.

The respondent, in an amended Rule 4(c) report filed on March 30, 2021, stated that they would not defend against the claim, conceding that based on the Special Master's factual finding regarding the onset of injury, Ms. Schmauder was entitled to compensation.

The Special Master, Christian J. Moran, issued a ruling on April 16, 2021, finding that Ms.

Schmauder was entitled to compensation. A decision was issued on April 26, 2021, awarding compensation.

Ms. Schmauder's counsel confirmed on April 13, 2021, that Ms.

Schmauder's damages claim was limited to compensation for past pain and suffering, and she was waiving any claims for unreimbursed out-of-pocket expenses or future pain and suffering. The Special Master had previously issued a tentative finding on February 1, 2021, for damages for pain and suffering totaling $72,500.

This tentative finding was based on factors including the severity of the injury and interference with daily activities, presence of range of motion issues, whether cortisone injections were received, whether physical therapy was undergone, and whether surgery was performed. Ms.

Schmauder experienced significant interference with daily activities and some range of motion issues in the first month post-vaccination, received two cortisone injections, and approximately fifteen physical therapy sessions, with no surgery. Ms.

Schmauder accepted the tentative finding of $72,500. The Secretary did not explicitly endorse this amount but did not oppose it.

The Special Master awarded Ms. Schmauder a lump sum payment of $72,500 for pain and suffering, payable to Diana Schmauder, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Petitioner's counsel was Jeffrey S. Pop of Jeffrey S.

Pop & Associates. Respondent's counsel was Adriana R.

Teitel of the United States Department of Justice. Special Master Christian J.

Moran presided over the case.