Michaelene Widson v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Michaelene Widson filed a petition for compensation under the National Vaccine Injury Compensation Program on June 11, 2019, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccine administered on May 15, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 26, 2020, conceding that the petitioner's claim met the Table criteria for SIRVA and that she was entitled to compensation.
Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 28, 2020, finding the petitioner entitled to compensation.
Subsequently, on December 18, 2020, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $75,000.00, which the petitioner agreed to.
In a decision dated December 21, 2020, Chief Special Master Corcoran awarded Michaelene Widson a lump sum payment of $75,000.00, payable by check to the petitioner. This amount was stated to represent compensation for all damages available under the Vaccine Act, specifically citing sections 15(a)(1), 15(a)(3)(A), and 15(a)(4).
The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. Petitioner was represented by Amy A.
Senerth of Muller Brazil, LLP, and respondent was represented by Linda Sara Renzi of the U.S. Department of Justice.
Theory of causation
Petitioner Michaelene Widson alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccine administered on May 15, 2017. The respondent conceded that the claim met the Table criteria for SIRVA. The case resulted in a Ruling on Entitlement on October 28, 2020, by Chief Special Master Brian H. Corcoran, finding petitioner entitled to compensation. A subsequent Decision Awarding Damages on December 21, 2020, based on a proffer filed by respondent on December 18, 2020, awarded petitioner a lump sum of $75,000.00. This award represents compensation for all damages under 42 U.S.C. § 300aa-15(a). The public text does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award beyond the total lump sum. Petitioner's counsel was Amy A. Senerth, and respondent's counsel was Linda Sara Renzi.
Source PDFs
USCOURTS-cofc-1_19-vv-00858