Erin Harland v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Erin Harland filed a petition for compensation under the National Vaccine Injury Compensation Program on January 21, 2020, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on January 19, 2018. She also received an influenza vaccine in the United States.
The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's claim met the Table criteria for SIRVA.
Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 22, 2021, finding Erin Harland eligible for compensation.
Subsequently, on July 22, 2021, the respondent filed a proffer on the award of compensation. The proffer proposed an award of $108,753.41, consisting of $107,500.00 for pain and suffering and $1,253.41 for past unreimbursed expenses.
The petitioner agreed with the proffered award. Chief Special Master Corcoran issued a decision on August 24, 2021, awarding Erin Harland a lump sum payment of $108,753.41.
Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Kyle Edward Pozza of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury beyond its classification as SIRVA.
Theory of causation
Petitioner Erin Harland alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving a Tetanus, Diphtheria, acellular Pertussis (Tdap) vaccine on January 19, 2018. The respondent conceded that the claim met the Table criteria for SIRVA. The case was decided based on this concession, and no specific medical experts or detailed causation theories beyond the Table injury were presented in the provided text. Chief Special Master Brian H. Corcoran issued a ruling on entitlement finding Petitioner eligible for compensation. Subsequently, a stipulation and proffer were filed, agreeing to an award of $108,753.41, comprising $107,500.00 for pain and suffering and $1,253.41 for past unreimbursed expenses. The decision was issued on August 24, 2021. Petitioner's counsel was Bridget Candace McCullough, and respondent's counsel was Kyle Edward Pozza.
Source PDFs
USCOURTS-cofc-1_20-vv-00060