Pamela Brackley v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA), including impingement and adhesive capsulitis (2021)
Case summary [AI summaries can sometimes make mistakes]
Pamela Brackley filed a petition for compensation under the National Vaccine Injury Compensation Program on May 27, 2021. She alleged that a Tetanus-diphtheria-acellular-pertussis (Tdap) vaccine administered on November 22, 2018, caused her to suffer a shoulder injury related to vaccine administration (SIRVA), including impingement and adhesive capsulitis.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Brackley is entitled to compensation.
The respondent specifically stated that Ms. Brackley satisfied the criteria for SIRVA as set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation.
Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Ms.
Brackley is entitled to compensation. The case was granted entitlement pending a damages decision.
The public decision does not describe the petitioner's counsel, respondent's counsel, specific medical symptoms, diagnostic tests, treatments, or expert witnesses. The decision was issued on June 28, 2021.
Theory of causation
Petitioner Pamela Brackley alleged that a Tdap vaccine administered on November 22, 2018, caused a shoulder injury related to vaccine administration (SIRVA), including impingement and adhesive capsulitis. The respondent conceded entitlement, stating that the petitioner satisfied the criteria for SIRVA as set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 28, 2021, finding entitlement based on the respondent's concession. The public text does not specify the mechanism of injury, expert testimony, or the breakdown of the award, as entitlement was granted pending damages. Petitioner was represented by Nancy Routh Meyers, and Respondent was represented by Ronalda Elnetta Kosh.
Source PDFs
USCOURTS-cofc-1_19-vv-01582