Katie Pendleton v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Katie Pendleton filed a petition for compensation under the National Vaccine Injury Compensation Program on April 20, 2022. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccine on May 27, 2021.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 10, 2023, conceding that Ms. Pendleton's alleged injury was consistent with SIRVA, a defined Table injury, and that she satisfied all legal prerequisites for compensation.
Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 10, 2023, finding Ms.
Pendleton entitled to compensation. Subsequently, on January 23, 2024, the respondent filed a Proffer on Award of Compensation.
The proffer indicated that Ms. Pendleton should be awarded $85,000.00 for pain and suffering, and that Ms.
Pendleton agreed with this proffered award. On February 23, 2024, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Ms.
Pendleton a lump sum payment of $85,000.00, representing compensation for pain and suffering. The decision was issued by Chief Special Master Brian H.
Corcoran. Petitioner's counsel was David John Carney of Green & Schafle LLC, and respondent's counsel was Ronalda Elnetta Kosh of the U.S.
Department of Justice.
Theory of causation
Katie Pendleton alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on May 27, 2021. The respondent conceded that the alleged injury was consistent with SIRVA, a defined Table injury, and that all legal prerequisites for compensation were met. The case proceeded to an entitlement ruling on October 10, 2023, by Chief Special Master Brian H. Corcoran, finding Ms. Pendleton entitled to compensation. A subsequent decision on February 23, 2024, by Chief Special Master Corcoran awarded Ms. Pendleton $85,000.00 for pain and suffering, based on a stipulation between the parties. The public record does not describe the specific medical onset, symptoms, diagnostic tests, treatments, or expert opinions regarding the mechanism of injury. The theory of causation relied upon was that SIRVA is a "Table" injury. Petitioner was represented by David John Carney, and Respondent was represented by Ronalda Elnetta Kosh.
Source PDFs
USCOURTS-cofc-1_22-vv-00454