Theresa Jackson v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Theresa Jackson filed a petition for compensation under the National Vaccine Injury Compensation Program on November 24, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine in her right deltoid on August 29, 2019. The respondent, the Secretary of Health and Human Services, filed a combined Rule 4(c) Report and Proffer on November 1, 2022, conceding that Petitioner was entitled to compensation.
The respondent agreed that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she suffered residual effects or complications for more than six months after vaccination. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran found Petitioner entitled to compensation. A decision awarding damages was issued on December 6, 2022.
The award comprised a lump sum of $45,494.48, consisting of $45,000.00 for pain and suffering and $494.48 for unreimbursed expenses, payable to Petitioner. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and the respondent was represented by Dorian Hurley of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.
Theory of causation
Petitioner Theresa Jackson received a Tdap vaccine on August 29, 2019, and alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table (42 C.F.R. §§ 100.3(a)(I)(C), (c)(10)) and that Petitioner suffered residual effects for more than six months, satisfying the requirements of 42 U.S.C. § 300aa-13(a)(1)(B) and § 300aa-11(c)(1)(D)(i). The case proceeded based on this concession, and no specific medical experts or detailed causation mechanisms beyond the Table definition were described in the public text. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 1, 2022, and a Decision Awarding Damages on December 6, 2022. The award was $45,494.48, comprising $45,000.00 for pain and suffering and $494.48 for unreimbursed expenses. Petitioner was represented by Ronald Craig Homer, and Respondent was represented by Dorian Hurley.
Source PDFs
USCOURTS-cofc-1_20-vv-01681