Julie Lyons v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Julie Lyons filed a petition for compensation under the National Vaccine Injury Compensation Program on April 17, 2019, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her Tetanus Diphtheria acellular Pertussis (Tdap) vaccination on April 18, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.
Lyons suffered a Table SIRVA and that the statutory six-month sequela requirement was satisfied. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on July 7, 2020, finding Ms. Lyons entitled to compensation.
Subsequently, on August 10, 2020, the parties submitted a proffer on the award of compensation. The respondent recommended an award of $71,000.00 for all elements of economic and noneconomic damages, which Ms.
Lyons agreed to. On September 14, 2020, Chief Special Master Corcoran issued a decision awarding Ms.
Lyons a lump sum payment of $71,000.00, payable by check to Petitioner. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Julia Marter Collison of the U.S.
Department of Justice.
Theory of causation
Petitioner Julie Lyons alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccination on April 18, 2017. The respondent conceded that Petitioner suffered a Table SIRVA and that the six-month sequela requirement was met. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. No experts were named in the public text. Petitioner was represented by Ronald Craig Homer, and respondent was represented by Julia Marter Collison. Chief Special Master Brian H. Corcoran ruled on entitlement on July 7, 2020, and awarded $71,000.00 on September 14, 2020, based on a joint proffer. The award was a lump sum payment for all economic and noneconomic damages.
Source PDFs
USCOURTS-cofc-1_19-vv-00571