Catherine Phipps v. HHS - Pneumococcal, shoulder injury related to vaccine administration (SIRVA) (2023)

Catherine Phipps filed a petition for compensation under the National Vaccine Injury Compensation Program on December 29, 2020, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following a pneumococcal conjugate vaccine administered on December 12, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 13, 2022, conceding that Ms.

Phipps was entitled to compensation. The respondent concluded that her injury satisfied the criteria set forth in the Vaccine Injury Table for SIRVA.

On June 14, 2022, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Ms.

Phipps entitled to compensation. Subsequently, on March 30, 2023, the respondent filed a proffer on the award of compensation, indicating that Ms.

Phipps should be awarded $45,358.80. This amount was comprised of $45,000.00 for pain and suffering and $358.80 for past unreimbursable expenses.

Ms. Phipps agreed with the proffered award.

Chief Special Master Corcoran issued a Decision Awarding Damages on May 3, 2023, awarding Ms. Phipps a lump sum payment of $45,358.80, payable by check to Petitioner.

This award represents compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and the respondent was represented by Mary Eileen Holmes of the U.S.

Department of Justice. The case proceeded as a Table injury claim, and entitlement was granted, leading to the final award of damages.