Caitlin O’Donoghue v. HHS - Meningococcal, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Caitlin O’Donoghue filed a petition for compensation under the National Vaccine Injury Compensation Program on April 6, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving two meningococcal vaccines in her right deltoid on July 24, 2018. She also received a human papillomavirus (HPV) vaccine in her left deltoid on the same date.
The respondent filed a Rule 4(c) Report on May 9, 2022, conceding that Ms. O’Donoghue met the criteria for SIRVA as a Table injury and was entitled to compensation.
Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on May 9, 2022, finding her entitled to compensation.
Subsequently, on August 17, 2022, the respondent filed a proffer recommending an award of $47,500.00 for pain and suffering and $112.46 for unreimbursed expenses, totaling $47,612.46. The petitioner agreed with this proffered award.
Chief Special Master Corcoran issued a decision on October 4, 2022, awarding Ms. O’Donoghue a lump sum payment of $47,612.46, consisting of $47,500.00 for pain and suffering and $112.46 for unreimbursed expenses.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond it being a Table injury. Petitioner counsel was Jonathan Joseph Svitak of Shannon Law Group, and respondent counsel was Andrew Henning of the U.S.
Department of Justice. Ms.
O’Donoghue is a competent adult.
Theory of causation
Petitioner Caitlin O’Donoghue alleged a shoulder injury related to vaccine administration (SIRVA) after receiving two meningococcal vaccines in her right deltoid on July 24, 2018. The respondent conceded that the injury was a Table injury and that Petitioner met the criteria for SIRVA. The Special Master found Petitioner entitled to compensation based on the respondent's concession. The award was based on a proffer agreed to by both parties, totaling $47,612.46, with $47,500.00 for pain and suffering and $112.46 for unreimbursed expenses. Chief Special Master Brian H. Corcoran issued the Ruling on Entitlement on May 9, 2022, and the final Decision awarding damages on October 4, 2022. Petitioner counsel was Jonathan Joseph Svitak, and respondent counsel was Andrew Henning. The public text does not detail the specific mechanism of injury or name any medical experts.
Source PDFs
USCOURTS-cofc-1_20-vv-00391