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 January 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.