Teresa Patterson v. HHS - Pneumococcal, right shoulder injury related to vaccine administration (“SIRVA”) and polyarthralgia (2023)

On January 7, 2021, Teresa Patterson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a Prevnar 13 vaccination administered on June 26, 2019, caused a right shoulder injury related to vaccine administration (SIRVA) and polyarthralgia. The petition stated that the residual effects of the injury lasted for more than six months.

The respondent filed a Rule 4(c) report on July 25, 2023, conceding entitlement for the right SIRVA injury, finding that it met the criteria outlined in the Vaccine Injury Table. Specifically, the respondent noted that Ms.

Patterson had no prior history of right shoulder pain, inflammation, or dysfunction that would explain the post-vaccination symptoms, that the onset of pain occurred within 48 hours of vaccination, and that the pain and reduced range of motion were limited to the vaccinated shoulder. The respondent also stated that there were no other conditions present that could explain the symptoms, thus granting a presumption of vaccine causation for the SIRVA.

However, the respondent did not concede entitlement for the alleged polyarthralgia. On July 25, 2023, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding Petitioner entitled to compensation for her right SIRVA. Subsequently, on November 27, 2023, the respondent filed a proffer on award of compensation, agreeing to an award of $73,000.00 for pain and suffering, which the Petitioner accepted.

On November 27, 2023, Chief Special Master Corcoran issued a decision awarding Ms. Patterson a lump sum payment of $73,000.00 for pain and suffering, representing compensation for all damages available under Section 15(a) of the Vaccine Act.

Petitioner was represented by Emily Beth Ashe of Anapol Weiss, and Respondent was represented by Jamica Marie Littles of the U.S. Department of Justice.