Jason Loos v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Jason Loos filed a petition for compensation under the National Vaccine Injury Compensation Program on December 8, 2020, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) caused by a tetanus and diphtheria vaccine administered on June 4, 2019. Petitioner stated the vaccine was administered in the United States, that he suffered residual effects of his injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on his behalf.
Respondent denied that Petitioner met the six-month severity requirement for a Table SIRVA injury and denied that the vaccine caused Petitioner's alleged left shoulder injury or any other injury or current condition. On November 14, 2022, the parties filed a joint stipulation for compensation.
Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision.
Pursuant to the stipulation, Chief Special Master Corcoran awarded Jason Loos $50,000.00 as compensation for all items of damages, to be paid as a lump sum via check. Petitioner's counsel was Daniel J.
Bellig of Farrish Johnson Law Office, and Respondent's counsel was Mark Kim Hellie of the U.S. Department of Justice.
The decision was filed on December 19, 2022.
Theory of causation
Petitioner Jason Loos alleged a shoulder injury related to vaccine administration (SIRVA) following a tetanus and diphtheria vaccine on June 4, 2019. Respondent denied the six-month severity requirement for a Table SIRVA injury and denied causation. The parties filed a joint stipulation for compensation on November 14, 2022. Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded Petitioner $50,000.00 as compensation for all items of damages. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts beyond the alleged SIRVA and the denial of the six-month severity requirement by the Respondent. The award was a lump sum of $50,000.00. The decision date was December 19, 2022. Petitioner's counsel was Daniel J. Bellig, and Respondent's counsel was Mark Kim Hellie.
Source PDFs
USCOURTS-cofc-1_20-vv-01796