Laura Cosden v. HHS - Tdap, right shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Laura Cosden filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) caused by a tetanus, diphtheria, and acellular pertussis (Tdap) vaccination on March 27, 2020. The respondent conceded that Ms.
Cosden was entitled to compensation, finding that she satisfied the criteria for a SIRVA on the Vaccine Injury Table. The case proceeded to determine damages, which were limited to pain and suffering and unreimbursable expenses.
Ms. Cosden sought $125,000 for pain and suffering and $1,703.10 for expenses, while the respondent argued for $85,000 for pain and suffering.
The medical records indicated that Ms. Cosden experienced moderate to severe shoulder pain for approximately five months following the vaccination, which included physical therapy and ultimately arthroscopic surgery.
She also had limitations due to a prior reaction to cortisone injections. The court found that while her injury was significant, her treatment period was relatively short, and she experienced a good outcome post-surgery.
Ultimately, the court awarded Ms. Cosden $110,000 for pain and suffering and $1,703.10 for unreimbursable expenses, for a total award of $111,703.10.
Source PDFs
USCOURTS-cofc-1_20-vv-01783