Joel Wilson v. HHS - Tdap, brachial neuritis of the left arm and shoulder (2021)
Case summary [AI summaries can sometimes make mistakes]
Joel Wilson filed a petition for compensation on December 7, 2020, alleging that he suffered brachial neuritis of his left arm and shoulder as a result of influenza and Tdap vaccines administered on December 13, 2018. Respondent filed a Rule 4(c) report conceding that Petitioner's claim met the Table criteria for Shoulder Injury Related to Vaccine Administration (SIRVA).
The respondent agreed that the case was timely filed, the vaccine was received in the United States, and the petitioner satisfied the statutory severity requirement. A ruling on entitlement was issued on June 28, 2021, finding Petitioner entitled to compensation.
Subsequently, on August 17, 2021, Respondent filed a proffer on award of compensation, recommending an award of $57,492.99, comprised of $55,000.00 for pain and suffering and $2,492.99 for past unreimbursable expenses. Petitioner agreed with this proffered award.
The Chief Special Master issued a decision awarding damages on September 17, 2021, granting the lump sum payment of $57,492.99 to Joel Wilson.
Source PDFs
USCOURTS-cofc-1_20-vv-01771