Katharine Towlen v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Katharine Towlen filed a petition for compensation on December 29, 2020, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a Tdap vaccine administered on June 26, 2019. The respondent filed a Rule 4(c) report on October 13, 2022, conceding that the petitioner met the criteria for SIRVA as a Table injury, that the case was timely filed, that the vaccine was received in the United States, and that the petitioner satisfied the statutory severity requirement.
On October 18, 2022, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms.
Towlen entitled to compensation. Subsequently, on November 21, 2022, the respondent filed a proffer on award of compensation, indicating that Ms.
Towlen should be awarded $141,351.08, consisting of $140,000.00 for pain and suffering and $1,351.08 for unreimbursed medical expenses. The petitioner agreed with this proffered award.
On November 22, 2022, Chief Special Master Corcoran issued a decision awarding Ms. Towlen a lump sum payment of $141,351.08, comprised of $140,000.00 for pain and suffering and $1,351.08 for unreimbursed medical expenses, in the form of a check payable to Ms.
Towlen. Petitioner was represented by Phyllis Widman of Widman Law Firm, LLC, and respondent was represented by Jennifer A.
Shah of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Ms. Towlen.
Theory of causation
Katharine Towlen alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) caused by a Tdap vaccine administered on June 26, 2019. The respondent conceded entitlement, agreeing that the petitioner satisfied the criteria for SIRVA as a Table injury, met the qualifications and aids to interpretation (QAI), filed timely, received the vaccine in the United States, and satisfied the statutory severity requirement. The case was decided based on this concession. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 18, 2022, and a decision awarding damages on November 22, 2022. The award was a lump sum of $141,351.08, consisting of $140,000.00 for pain and suffering and $1,351.08 for unreimbursed medical expenses. Petitioner was represented by Phyllis Widman, and respondent was represented by Jennifer A. Shah. The specific mechanism of injury, medical experts, or detailed clinical findings were not described in the provided public text.
Source PDFs
USCOURTS-cofc-1_20-vv-02028