Taylore Wilson v. HHS - Tdap, right shoulder related to vaccine administration (SIRVA) (2023)

Filed 2021-01-07Decided 2023-05-03Vaccine Tdap
compensated$51,070

Case summary [AI summaries can sometimes make mistakes]

Taylore Wilson filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on October 8, 2019. The petition was later amended on March 11, 2022.

Ms. Wilson stated that she received the vaccine in the United States, that the residual effects of her SIRVA injury lasted for more than six months, and that she had not filed a civil action or received other compensation for the injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 21, 2023, conceding that the petitioner was entitled to compensation. The respondent found that Ms.

Wilson met the criteria for SIRVA as defined in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. On March 22, 2023, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding Ms. Wilson entitled to compensation.

Subsequently, on March 31, 2023, the respondent filed a proffer on the award of compensation, recommending a total award of $51,070.58. This amount included $50,000.00 for pain and suffering and $1,070.58 for past unreimbursable expenses.

The petitioner agreed with the proffered award. Chief Special Master Corcoran issued a decision on May 3, 2023, awarding Ms.

Wilson a lump sum payment of $51,070.58, payable by check to the petitioner. The decision was issued by Chief Special Master Brian H.

Corcoran, with Leah VaSahnja Durant representing the petitioner and Parisa Tabbassian representing the respondent. The public decision text does not describe the specific onset of symptoms, medical tests performed, or treatments received by Ms.

Wilson. The specific mechanism of injury is not detailed in the provided text, beyond its classification as SIRVA.

Theory of causation

Petitioner Taylore Wilson, age 37, received a Tdap vaccine on October 8, 2019. She alleged a Shoulder Injury Related to Vaccine Administration (SIRVA), which is a defined Table injury. The respondent conceded entitlement, finding that Petitioner met the criteria for SIRVA on the Vaccine Injury Table. The public text does not detail the specific mechanism of injury, onset of symptoms, medical tests, or treatments. Petitioner was awarded $51,070.58, consisting of $50,000.00 for pain and suffering and $1,070.58 for past unreimbursable expenses. The decision on entitlement was issued on March 22, 2023, and the final decision awarding damages was issued on May 3, 2023, by Chief Special Master Brian H. Corcoran. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Parisa Tabbassian.

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