J.M. v. HHS - Pneumococcal, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
On September 23, 2019, J.M. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from a pneumococcal conjugate (Prevnar 13) vaccination received on October 12, 2016. The case was assigned to the Special Processing Unit.
On July 11, 2022, a ruling on entitlement found J.M. entitled to compensation for SIRVA. On June 2, 2023, the respondent filed a proffer on award of compensation, recommending a total award of $115,939.92.
This amount included $110,000.00 for pain and suffering, $1,170.99 for past unreimbursable expenses, and $4,768.93 for lost wages. The respondent stated that J.M. agreed with the proffered award.
Chief Special Master Brian H. Corcoran reviewed the record and found J.M. entitled to the award as stated in the proffer.
Pursuant to the terms of the proffer, Chief Special Master Corcoran awarded J.M. a lump sum payment of $115,939.92, payable by check to J.M., as compensation for all damages available under Section 15(a) of the Vaccine Act. The Clerk of Court was directed to enter judgment in accordance with this decision.
Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Mitchell Jones of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by J.M., nor does it name any medical experts.
Theory of causation
J.M. filed a petition on September 23, 2019, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following a pneumococcal conjugate (Prevnar 13) vaccination on October 12, 2016. The case was processed as a SIRVA Table injury. A ruling on entitlement issued on July 11, 2022, found J.M. entitled to compensation. Respondent filed a proffer on June 2, 2023, recommending an award of $115,939.92, which included $110,000.00 for pain and suffering, $1,170.99 for past unreimbursable expenses, and $4,768.93 for lost wages. J.M. agreed with the proffered award. Chief Special Master Brian H. Corcoran awarded J.M. the total sum of $115,939.92 as a lump sum payment. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Mitchell Jones. The public decision does not detail the specific mechanism of injury or name any medical experts.
Source PDFs
USCOURTS-cofc-1_19-vv-01462