Mackenzie Cramer v. HHS - Tetanus-diphtheria-acellular pertussis, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Mackenzie Cramer, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on December 26, 2019. Petitioner alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) following a Tetanus-diphtheria-acellular pertussis vaccination received on February 19, 2018.
Petitioner also alleged that she experienced residual effects of the condition for more than six months, that no civil action for damages had been previously settled or awarded, and that the vaccine was administered in the United States. The respondent denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused petitioner's alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury.
Despite these denials, on August 4, 2023, the parties filed a joint stipulation agreeing that compensation should be awarded. Special Master Daniel T.
Horner found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Mackenzie Cramer was awarded a lump sum of $40,000.00, payable by check to the petitioner, as compensation for all items of damages available under the Vaccine Act.
This award represents compensation for the alleged SIRVA injury. Petitioner was represented by Kathleen Margaret Loucks of Lommen Abdo Law Firm, and respondent was represented by Camille Michelle Collett of the U.S.
Department of Justice. The decision was issued on August 30, 2023.
Theory of causation
Petitioner Mackenzie Cramer received a Tetanus-diphtheria-acellular pertussis vaccination on February 19, 2018, and alleged a shoulder injury related to vaccine administration (SIRVA). Respondent denied a SIRVA Table injury or that the vaccine caused the alleged injury. The parties filed a joint stipulation for compensation, which Special Master Daniel T. Horner found reasonable and adopted. Petitioner was awarded $40,000.00 as a lump sum. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts beyond the alleged SIRVA. The theory of causation is based on the "Table" category of injuries under the Vaccine Act, as indicated by the stipulation and the nature of the alleged injury. Petitioner's counsel was Kathleen Margaret Loucks, and respondent's counsel was Camille Michelle Collett. The decision was issued on August 30, 2023.
Source PDFs
USCOURTS-cofc-1_19-vv-01954