Andres Delreal v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2019-09-05Decided 2021-04-06Vaccine Tdap
compensated$45,000

Case summary [AI summaries can sometimes make mistakes]

Andres Delreal filed a petition for compensation on September 5, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) and disability caused-in-fact by a tetanus-diphtheria (Td) vaccine he received on June 7, 2018. The case was assigned to the Special Processing Unit.

On February 23, 2021, the respondent filed a Rule 4(c) report conceding that Mr. Delreal was entitled to compensation, agreeing that he met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table.

A ruling on entitlement was issued on February 23, 2021, by Chief Special Master Brian H. Corcoran.

Subsequently, on March 4, 2021, the respondent filed a proffer recommending an award of $45,000.00 for all elements of compensation, which Mr. Delreal agreed to.

The decision awarding damages was issued on April 6, 2021, by Chief Special Master Brian H. Corcoran, granting a lump sum payment of $45,000.00 to Mr.

Delreal, payable to Petitioner. Petitioner was represented by Jerome A.

Konkel of Samster, Konkel & Safran, S.C., and respondent was represented by Lara Ann Englund of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The specific mechanism of injury is not detailed in the public decision, other than it being a presumed SIRVA under the Vaccine Injury Table.

Theory of causation

Petitioner Andres Delreal alleged a shoulder injury related to vaccine administration (SIRVA) and disability caused-in-fact by a tetanus-diphtheria (Td) vaccine received on June 7, 2018. The respondent conceded entitlement, agreeing that Petitioner met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table. The public text does not detail specific medical experts, clinical findings, or the precise mechanism of injury beyond the presumption under the Table. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on February 23, 2021, and the decision awarding damages on April 6, 2021. Petitioner was represented by Jerome A. Konkel, and respondent by Lara Ann Englund. The award was a lump sum of $45,000.00 for all elements of compensation.

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