Jessica J. Hein v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Jessica J. Hein filed a petition on December 23, 2019, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving the tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on July 3, 2018.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 15, 2021, conceding that Ms. Hein was entitled to compensation because her injury met the criteria set forth in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation.
The case was assigned to Chief Special Master Brian H. Corcoran.
Following the concession of entitlement, the parties were unable to agree on the amount of damages. A briefing schedule was set, and briefs were filed on September 7, 2021.
Chief Special Master Corcoran issued a decision awarding Ms. Hein $94,263.28 in damages.
This award included $93,000.00 for past pain and suffering and $1,263.28 for past unreimbursed medical expenses. In determining the award for pain and suffering, Chief Special Master Corcoran considered the severity and duration of Ms.
Hein's injury, noting that she was seven months pregnant at the time of vaccination and that her circumstances were exacerbated by the need to care for her newborn son and two-year-old daughter. The injury spanned at least 27 months with fluctuating pain levels, requiring three injections and two sets of physical therapy.
The Special Master compared Ms. Hein's case to prior SIRVA cases, finding that while her injury duration was shorter than in the Accetta case, her additional difficulties due to pregnancy and childcare warranted a significant award.
The decision noted that Ms. Hein's pain levels fluctuated, reaching a maximum of six out of ten approximately two years post-vaccination.
The award was for actual pain and suffering, not projected, and thus did not require reduction to net present value. The decision was issued on October 14, 2021.
Petitioner was represented by Richard H. Moeller of Moore, Heffernan, et al., and Respondent was represented by Mollie Danielle Gorney of the U.S.
Department of Justice.
Theory of causation
Petitioner Jessica J. Hein received a Tdap vaccine on July 3, 2018, and alleged a shoulder injury related to vaccine administration (SIRVA). Respondent conceded that Petitioner met the criteria for a SIRVA as defined in the Vaccine Injury Table. The case proceeded to a damages award. Chief Special Master Brian H. Corcoran awarded Petitioner $94,263.28, consisting of $93,000.00 for past pain and suffering and $1,263.28 for past unreimbursed medical expenses. The decision noted the injury spanned at least 27 months with fluctuating pain, exacerbated by pregnancy and childcare responsibilities. The public decision does not describe the specific mechanism of injury or name any medical experts. Petitioner was represented by Richard H. Moeller, and Respondent by Mollie Danielle Gorney. The decision date was October 14, 2021.
Source PDFs
USCOURTS-cofc-1_19-vv-01943