Melissa Schnell v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Melissa Schnell filed a petition for compensation under the National Vaccine Injury Compensation Program on June 23, 2020, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on July 3, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.
Schnell's claim met the Table criteria for SIRVA and that entitlement to compensation was appropriate under the Vaccine Act. Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on August 27, 2021, finding Petitioner entitled to compensation. Subsequently, on September 10, 2021, the parties filed a proffer on the award of compensation.
The public decision, issued on September 10, 2021, reflects this proffer. Ms.
Schnell was awarded a total of $50,060.00, consisting of $50,000.00 for pain and suffering and $60.00 for past unreimbursable expenses. This award represents compensation for all damages available under Section 15(a) of the Vaccine Act.
Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Wei Kit Tai of the U.S.
Department of Justice. The decision was made by Chief Special Master Brian H.
Corcoran.