Erica McNamara v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Erica McNamara filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccination administered on June 9, 2018. The case was assigned to the Special Processing Unit.
Respondent filed a Rule 4(c) report conceding that Petitioner's alleged injury was consistent with a SIRVA injury as defined on the Vaccine Injury Table and that she suffered residual effects for more than six months. Based on Respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Petitioner entitled to compensation.
Subsequently, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $63,378.28, consisting of $62,500.00 for past pain and suffering and $878.28 for past unreimbursed expenses. Petitioner agreed with the proffered award.
The Chief Special Master issued a decision awarding Petitioner the lump sum of $63,378.28.
Source PDFs
USCOURTS-cofc-1_19-vv-01614