Fay M. Haas v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Fay M. Haas filed a petition for compensation under the National Vaccine Injury Compensation Program on January 21, 2022.
She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine received on March 9, 2020. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 18, 2023, the respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation and that her alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table. On September 19, 2023, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement, finding Petitioner entitled to compensation. On October 12, 2023, the respondent filed a proffer on award of compensation, which Petitioner agreed with.
On November 17, 2023, Chief Special Master Corcoran issued a decision on damages. Fay Haas was awarded a lump sum payment of $64,500.00 for pain and suffering and $5,648.82 to satisfy a State of Ohio Medicaid lien, for a total award of $70,148.82.
Petitioner was represented by Bobbie L. Flynt of Crandall & Pera Law, LLC, and the respondent was represented by Alexa Roggenkamp of the U.S.
Department of Justice.
Theory of causation
Petitioner Fay M. Haas alleged a Table shoulder injury related to vaccine administration (SIRVA) following a tetanus, diphtheria, and acellular pertussis (Tdap) vaccination on March 9, 2020. The respondent conceded that Petitioner is entitled to compensation and that the alleged injury is consistent with SIRVA. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. No experts were named in the public decision. The respondent filed a proffer on award of compensation on October 12, 2023, which Petitioner agreed with. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 19, 2023, and a decision on damages on November 17, 2023. The award included a lump sum of $64,500.00 for pain and suffering and $5,648.82 to satisfy a State of Ohio Medicaid lien, totaling $70,148.82. Petitioner was represented by Bobbie L. Flynt and respondent by Alexa Roggenkamp.
Source PDFs
USCOURTS-cofc-1_22-vv-00065