Jacqueline Crouse v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2024)

Filed 2022-09-07Decided 2024-03-14Vaccine Tdap
compensated$119,048

Case summary [AI summaries can sometimes make mistakes]

On September 7, 2022, Jacqueline Crouse filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus, diphtheria, and acellular pertussis (Tdap) vaccination on August 11, 2020. She further alleged that the residual effects of her injury lasted for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had 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 November 14, 2023, finding the petitioner entitled to compensation. Subsequently, on February 9, 2024, the parties filed a stipulation for damages.

The respondent proffered an award of $119,048.68, which the petitioner agreed to. This amount comprised $115,000.00 for pain and suffering and $4,048.68 for past unreimbursable expenses.

Chief Special Master Corcoran issued a decision on March 14, 2024, awarding Jacqueline Crouse a lump sum payment of $119,048.68, payable by check to the petitioner, representing compensation for all damages available under the Act. Petitioner was represented by Daniel Alholm of Alholm Law P.C., and respondent was represented by Alec Saxe of the U.S.

Department of Justice.

Theory of causation

Jacqueline Crouse filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on August 11, 2020, with residual effects lasting over six months. The respondent conceded that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites for compensation were met. The case proceeded to a stipulation for damages. The respondent proffered an award of $119,048.68, consisting of $115,000.00 for pain and suffering and $4,048.68 for past unreimbursable expenses, which the petitioner accepted. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 14, 2023, and a final decision awarding the stipulated damages on March 14, 2024. The theory of causation is based on the Vaccine Injury Table (SIRVA). Petitioner was represented by Daniel Alholm, and respondent by Alec Saxe.

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