Erik Vangsness v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) and brachial neuritis (BN) (2024)
Case summary [AI summaries can sometimes make mistakes]
Erik Vangsness filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on July 9, 2018. He later amended his petition on April 25, 2022, to also allege brachial neuritis (BN) from the same vaccine.
The Tdap vaccine is listed on the Vaccine Injury Table. Mr.
Vangsness alleged that the vaccination was administered within the United States and that he experienced residual effects of the SIRVA for more than six months. He also represented that neither he nor any other party had filed a civil action or received compensation for the alleged vaccine-caused injuries.
The Respondent denied that the Tdap vaccine caused Mr. Vangsness's alleged brachial neuritis, previously alleged SIRVA, or any other injury or current condition.
The parties, maintaining their respective positions, reached a joint stipulation to settle the case, agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Mr.
Vangsness was awarded a lump sum of $42,500.00, payable to him, as compensation for all items of damages. The decision was filed on July 19, 2024.
Petitioner was represented by John Robert Howie of Howie Law, PC, and Respondent was represented by Mark Kim Hellie of the U.S. Department of Justice.
Theory of causation
Petitioner Erik Vangsness alleged injury from a Tdap vaccine received on July 9, 2018. The initial petition alleged a shoulder injury related to vaccine administration (SIRVA), a condition listed on the Vaccine Injury Table. An amended petition alleged brachial neuritis (BN) from the same vaccine. Respondent denied causation for both alleged injuries. The parties reached a joint stipulation to settle the case, agreeing to an award of $42,500.00. The stipulation does not detail specific medical experts, clinical findings, or a mechanism of injury beyond the general allegations of SIRVA and BN. The decision, issued by Chief Special Master Brian H. Corcoran on July 19, 2024, adopted the stipulation as the award. Petitioner was represented by John Robert Howie, and Respondent by Mark Kim Hellie.
Source PDFs
USCOURTS-cofc-1_21-vv-00359