Bailie Hillman v. HHS - Tdap, shoulder injury related to vaccine administration (2023)
Case summary [AI summaries can sometimes make mistakes]
Bailie Hillman filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on May 9, 2019.
The case was assigned to the Special Processing Unit. A ruling on entitlement was issued on September 21, 2023, finding Petitioner eligible for compensation for her SIRVA, which is a condition listed on the Vaccine Injury Table.
Subsequently, on September 28, 2023, the Respondent filed a proffer on the award of compensation. The Respondent proposed an award of $80,445.69, consisting of $77,500.00 for pain and suffering and $2,945.69 for past unreimbursable expenses.
The Petitioner agreed with this proffered award. Chief Special Master Brian H.
Corcoran issued a decision on November 17, 2023, awarding the full proffered amount as a lump sum payment to Bailie Hillman. The case proceeded as a Table claim, and the parties stipulated to the damages.
Petitioner counsel was Ronald Craig Homer. Respondent counsel was Matthew Murphy.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The specific mechanism of injury is not detailed in the public decision, but the claim was recognized as a SIRVA Table injury.
Theory of causation
Petitioner Bailie Hillman received a Tdap vaccine on May 9, 2019, and subsequently developed a shoulder injury related to vaccine administration (SIRVA). This condition is listed on the Vaccine Injury Table. The Respondent filed a Rule 4(c) Report indicating the case was appropriate for compensation as a SIRVA Table injury. A Ruling on Entitlement was issued on September 21, 2023, finding Petitioner entitled to compensation. The parties stipulated to damages, with Respondent proffering an award of $80,445.69, comprising $77,500.00 for pain and suffering and $2,945.69 for past unreimbursable expenses. Petitioner agreed to this award. Chief Special Master Brian H. Corcoran issued a decision on November 17, 2023, awarding the full proffered amount as a lump sum. Petitioner counsel was Ronald Craig Homer, and Respondent counsel was Matthew Murphy. The public decision does not detail specific medical evidence, expert testimony, or a precise mechanism of injury beyond it being a recognized Table injury.
Source PDFs
USCOURTS-cofc-1_21-vv-00472