Jessica Smith v. HHS - Pneumococcal, Complex Regional Pain Syndrome (2023)

Filed 2021-06-08Decided 2023-11-20Vaccine Pneumococcal
compensated$55,000

Case summary [AI summaries can sometimes make mistakes]

On June 8, 2021, Jessica Smith filed a petition alleging that she suffered from Complex Regional Pain Syndrome (CRPS) as a result of a pneumococcal 13-valent conjugate (Prevnar 13) vaccine she received on March 29, 2019. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Petitioner's alleged CRPS or its residual effects, and denied that the vaccine caused any other injury or that her current condition is a sequela of a vaccine-related injury.

Despite these denials, the parties reached a stipulation recommending an award of compensation. The stipulation, filed on October 23, 2023, stated that Jessica Smith would receive a lump sum of $55,000.00 as compensation for all damages available under the law.

This amount represents a settlement of liability and damages. Special Master Nora Beth Dorsey issued a decision based on this stipulation on November 20, 2023.

The case was treated as a Table claim, as the Prevnar 13 vaccine is listed on the Vaccine Injury Table. Petitioner was represented by Anne Carrion Toale of Maglio Christopher and Toale.

Respondent was represented by Joseph Adam Lewis of the U.S. Department of Justice.

The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, or treatments. The stipulation included a release of all claims against the United States and the Secretary of Health and Human Services related to the alleged injury from the vaccination.

Theory of causation

Petitioner Jessica Smith alleged that she suffered from Complex Regional Pain Syndrome (CRPS) caused-in-fact by a pneumococcal 13-valent conjugate (Prevnar 13) vaccine received on March 29, 2019. Respondent denied causation. The parties reached a stipulation for settlement, agreeing to an award of $55,000.00. The case was treated as a Table claim, as Prevnar 13 is listed on the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical evidence presented. The award represents a compromise of liability and damages. Special Master Nora Beth Dorsey issued the decision on November 20, 2023, based on the stipulation filed by Petitioner's counsel Anne Carrion Toale and Respondent's counsel Joseph Adam Lewis.

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