Judith Markey v. HHS - Pneumococcal, left shoulder injury related to vaccine administration (SIRVA) (2020)

Judith Markey filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving a pneumococcal conjugate (Prevnar-13) vaccination on July 21, 2017. The respondent conceded that her alleged injury was consistent with SIRVA and met the requirements of a Table injury claim.

The respondent also agreed that Ms. Markey had suffered the sequelae of her injury for more than six months.

Based on the respondent's concession and the evidence of record, the court found that Ms. Markey was entitled to compensation.

Subsequently, the parties reached a proffer agreement for damages. The respondent proposed an award of $65,000.00 for pain and suffering damages, which Ms.

Markey agreed to. The court accepted this proffer and awarded Ms.

Markey a lump sum payment of $65,000.00 for pain and suffering.