Alicia Sawyer v. HHS - HPV, shoulder injury related to vaccine administration (SIRVA) (2024)

Filed 2023-06-06Decided 2024-07-26Vaccine HPV
compensated$42,960

Case summary [AI summaries can sometimes make mistakes]

Alicia Sawyer, as the parent and natural guardian of T.S., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program on June 6, 2023. T.S. received a human papillomavirus (HPV) vaccine on July 13, 2022, and subsequently developed a shoulder injury related to vaccine administration (SIRVA).

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that T.S.'s alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites for compensation were met. On April 19, 2024, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding T.S. entitled to compensation. The parties subsequently reached an agreement on damages.

On July 26, 2024, Chief Special Master Corcoran issued a decision awarding T.S. a total of $42,960.29. This award comprised a lump sum payment of $42,500.00 for pain and suffering and a lump sum payment of $460.29 for past unreimbursable expenses.

The payment for pain and suffering was to be made payable to Alicia Sawyer as guardian/conservator of T.S.'s estate, pending documentation of her appointment. The payment for past unreimbursable expenses was to be made payable to Alicia Sawyer.

Petitioner counsel was Bridget Candace McCullough of Muller Brazil, LLP, and respondent counsel was Madylan Yarc of the U.S. Department of Justice.

Theory of causation

Petitioner Alicia Sawyer filed on behalf of minor T.S., alleging a shoulder injury related to vaccine administration (SIRVA) following an HPV vaccination on July 13, 2022. The respondent conceded that the 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 ruling on entitlement on April 19, 2024, by Chief Special Master Brian H. Corcoran, finding T.S. entitled to compensation. A subsequent stipulation on damages was reached, and on July 26, 2024, Chief Special Master Corcoran issued a decision awarding T.S. $42,960.29, consisting of $42,500.00 for pain and suffering and $460.29 for past unreimbursable expenses. Petitioner counsel was Bridget Candace McCullough, and respondent counsel was Madylan Yarc. The theory of causation was based on the Vaccine Injury Table (SIRVA).

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