Rita A. Parks v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Rita A. Parks filed a petition for compensation under the National Vaccine Injury Compensation Program on November 18, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine on February 12, 2018.
The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation. The respondent agreed that Ms.
Parks had no prior history of pain, inflammation, or dysfunction in her left shoulder, that her symptoms began within 48 hours of receiving the intramuscular vaccination, that her symptoms were limited to the shoulder in which the vaccine was administered, and that no other condition or abnormality explained her symptoms. The respondent further agreed that Ms.
Parks's injury lasted for at least six months, as required by the Vaccine Act. Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on March 25, 2022, finding Ms. Parks entitled to compensation.
Subsequently, on May 4, 2022, Chief Special Master Corcoran issued a decision awarding damages based on a proffer filed by the respondent. Ms.
Parks was awarded a total of $69,344.99. This award consisted of $67,500.00 for pain and suffering and $1,844.99 for past unreimbursable expenses.
Petitioner was represented by Matthew Belanger of Faraci Lange, LLP, and Respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, the nature of the symptoms, diagnostic tests performed, or treatments received.
Theory of causation
Petitioner Rita A. Parks received a Tdap vaccine on February 12, 2018, and alleged a left shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, agreeing that Petitioner had no prior shoulder issues, symptoms began within 48 hours of vaccination, symptoms were limited to the affected shoulder, and no other condition explained the symptoms. The injury was found to have lasted at least six months. This case falls under the 'Table Injury' category, specifically SIRVA. No specific medical experts were named in the public text. The respondent filed a proffer on award of compensation, which Petitioner agreed with. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on March 25, 2022, and the damages decision on May 4, 2022. The award totaled $69,344.99, comprising $67,500.00 for pain and suffering and $1,844.99 for past unreimbursable expenses. Petitioner's counsel was Matthew Belanger (Faraci Lange, LLP), and Respondent's counsel was Kimberly Shubert Davey (U.S. Department of Justice).
Source PDFs
USCOURTS-cofc-1_20-vv-01611