Currin M. Hamilton v. HHS - Td, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Currin M. Hamilton, an adult, received a Tetanus diphtheria (Td) vaccine in her left deltoid on August 14, 2019.
She alleged that this vaccination caused a shoulder injury related to vaccine administration (SIRVA). The petition was filed on March 1, 2021.
Hamilton stated that the vaccine was administered in the United States, she experienced residual effects of her injury for more than six months, and she had not received prior compensation. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table.
The respondent agreed that Hamilton had no prior history of shoulder issues, her pain occurred within 48 hours post-vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that she suffered residual effects for more than six months and met all legal prerequisites for compensation.
Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement finding Hamilton entitled to compensation. Subsequently, on June 20, 2024, the respondent filed a proffer on award of compensation, recommending $50,000.00 for pain and suffering, which the petitioner agreed to.
The Chief Special Master issued a decision awarding Hamilton a lump sum payment of $50,000.00 for pain and suffering.