Jaime Zoerman v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
On April 20, 2020, Jaime Zoerman filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on April 22, 2019. 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 the petitioner's claim met the Table criteria for SIRVA and that she was entitled to compensation. On August 24, 2021, Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement finding the petitioner entitled to compensation. Subsequently, on September 28, 2021, the respondent filed a proffer on an award of compensation, which the petitioner agreed to.
In a Decision on Damages filed on October 29, 2021, Chief Special Master Corcoran awarded Jaime Zoerman a lump sum payment of $111,690.10. This award included $110,000.00 for pain and suffering and $1,690.10 for past unreimbursable expenses, representing compensation for all damages available under the Act.
Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Dhairya Divyakant Jani of the U.S.
Department of Justice.
Theory of causation
Petitioner Jaime Zoerman alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccine administered on April 22, 2019. The respondent conceded that the claim met the Table criteria for SIRVA. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 24, 2021, finding petitioner entitled to compensation. A subsequent Decision on Damages on October 29, 2021, awarded a total of $111,690.10, comprising $110,000.00 for pain and suffering and $1,690.10 for past unreimbursable expenses. The public decision does not detail the specific mechanism of injury, medical experts, or clinical findings beyond the conceded SIRVA diagnosis. Petitioner was represented by Leah VaSahnja Durant and respondent by Dhairya Divyakant Jani.
Source PDFs
USCOURTS-cofc-1_20-vv-00468