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.
Theory of causation
Petitioner Candy L. Chapman alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following influenza and Tdap vaccines administered on April 5, 2019. The Respondent conceded entitlement, agreeing that Petitioner met the criteria for a SIRVA Table injury under 42 C.F.R. §§ 100.3(a); (c)(10) and all other legal prerequisites. The public text does not detail the specific mechanism of injury, onset, symptoms, medical tests, or treatments. Chief Special Master Brian H. Corcoran granted entitlement based on the Respondent's concession. A subsequent decision on damages, also by Chief Special Master Corcoran, awarded a lump sum of $93,224.23, comprising $87,500.00 for pain and suffering, $2,935.65 for lost wages, and $2,788.78 for past unreimbursable expenses. Petitioner was represented by Kathy Ann Lee and Christie Farrell Lee & Bell, P.C., and Respondent by Amanda Pasciuto. The decision date for entitlement was August 8, 2022, and the decision on damages was August 12, 2022.
Source PDFs
USCOURTS-cofc-1_21-vv-00532