Timothy Alexander v. HHS - Pneumococcal, shoulder injury related to vaccine administration (2024)
Case summary [AI summaries can sometimes make mistakes]
Timothy Alexander filed a petition for compensation under the National Vaccine Injury Compensation Program on February 21, 2023. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving a pneumococcal conjugate vaccine (PCV20) on August 4, 2022.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 22, 2024, conceding that Mr. Alexander was entitled to compensation.
The respondent agreed that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Mr. Alexander had satisfied all legal prerequisites for compensation.
On May 7, 2024, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Mr.
Alexander entitled to compensation. Subsequently, on May 7, 2024, the respondent filed a Proffer on award of compensation, which Mr.
Alexander agreed to. Chief Special Master Corcoran issued a Decision awarding damages on May 8, 2024.
The award consisted of a lump sum payment of $60,879.18, which included $60,000.00 for pain and suffering and $879.18 for past unreimbursable expenses. This award covers all damages available under Section 15(a) of the Vaccine Act.
Petitioner was represented by Andrew Donald Downing of Downing, Allison & Jorgenson, and respondent was represented by Elizabeth Andary of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical examinations, or treatments received.
Theory of causation
Petitioner Timothy Alexander alleged a shoulder injury related to vaccine administration (SIRVA) following a pneumococcal conjugate vaccine (PCV20) received on August 4, 2022. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that petitioner met all legal prerequisites for compensation. The case was resolved via stipulation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on May 7, 2024, and a Decision awarding damages on May 8, 2024. The award was a lump sum of $60,879.18, comprising $60,000.00 for pain and suffering and $879.18 for past unreimbursable expenses, representing all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Andrew Donald Downing, and respondent by Elizabeth Andary. The public text does not detail the specific mechanism of injury or name any medical experts.
Source PDFs
USCOURTS-cofc-1_23-vv-00242