Candy L. Chapman v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Candy L. Chapman filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021.
She alleged that on April 5, 2019, she received influenza and tetanus-diphtheria-acellular pertussis (Tdap) vaccines in her left shoulder, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 8, 2022, conceding that Ms. Chapman was entitled to compensation.
The respondent agreed that the petitioner met the criteria for a SIRVA Table injury as set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation, and also met all other legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on August 8, 2022, finding Ms. Chapman entitled to compensation.
Subsequently, on August 12, 2022, the respondent filed a proffer regarding the award of compensation, which the petitioner agreed with. Chief Special Master Corcoran issued a decision on damages on August 12, 2022, awarding Candy L.
Chapman a lump sum payment of $93,224.23. This award included $87,500.00 for pain and suffering, $2,935.65 for lost wages, and $2,788.78 for past unreimbursable expenses.
The award was to be paid in the form of a check payable to the petitioner. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond its classification as a SIRVA Table injury.
The attorneys involved were Kathy Ann Lee and Christie Farrell Lee & Bell, P.C. for the petitioner, and Amanda Pasciuto for the respondent.