Pamela Flowers v. HHS - Tdap, Chronic Regional Pain Syndrome (CRPS), brachial plexus, and pain amplification syndrome (2023)

On August 3, 2020, Pamela Flowers, as parent and natural guardian for her minor daughter A.R., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that the Tdap and inactivated polio vaccine (IPV) administered to A.R. on August 18, 2017, caused her to develop Chronic Regional Pain Syndrome (CRPS), brachial plexus injury, and pain amplification syndrome.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on March 4, 2022, conceding entitlement to compensation. The respondent stated that medical personnel concluded A.R. developed CRPS of the left arm, which was more likely than not caused by the Tdap and/or IPV vaccines, and no other causes were identified.

The respondent also confirmed that A.R.'s injury met the statutory requirement of lasting at least six months or resulting in inpatient hospitalization and surgical intervention. Based on this concession, Special Master Katherine E.

Oler issued a Ruling on Entitlement on March 4, 2022, finding A.R. entitled to compensation. Subsequently, on May 19, 2023, the respondent filed a proffer of damages.

On July 5, 2023, Special Master Oler issued a Decision Awarding Damages. The award included a lump sum of $14,719.70 to satisfy a State of California Medicaid lien.

The remainder of the award was to be paid in the form of an annuity contract totaling $125,000.00. This annuity will provide monthly payments of $501.02 to A.R. starting December 11, 2024, for 27 years and 8 months, with annual increases of 3% compounded.

The annuity contract will be purchased from a life insurance company meeting specific financial and rating criteria. Petitioner counsel was Robert Krakow of the Law Office of Robert J.

Krakow, P.C. Respondent counsel included Terrence Mangan and Kyle Pozza from the U.S.

Department of Justice.