Barbara Powers v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Barbara Powers filed a petition for compensation under the National Vaccine Injury Compensation Program on June 7, 2023, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccination on November 19, 2021. 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 on May 23, 2024, conceding that Ms. Powers suffered a SIRVA Table injury and did not contest her entitlement to compensation, stating she had satisfied all legal prerequisites.
On July 22, 2024, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Ms.
Powers entitled to compensation. Subsequently, on August 15, 2024, the respondent filed a Proffer on award of compensation, recommending an award of $70,000.00 for pain and suffering, which Ms.
Powers agreed to. In a Decision Awarding Damages filed on September 16, 2024, Chief Special Master Corcoran awarded Ms.
Powers a lump sum payment of $70,000.00 for pain and suffering, representing compensation for all damages available under the Act. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond it being a SIRVA.
Petitioner's counsel was Brynna Gang of Kraus Law Group, LLC, and respondent's counsel was Naseem Kourosh of the U.S. Department of Justice.
Theory of causation
Petitioner Barbara Powers alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on November 19, 2021. The respondent conceded that Petitioner suffered a SIRVA injury as defined by the Vaccine Injury Table and did not contest entitlement. The Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on July 22, 2024. Subsequently, a Proffer on Award of Compensation was filed on August 15, 2024, recommending $70,000.00 for pain and suffering, which Petitioner agreed to. Chief Special Master Corcoran issued a Decision Awarding Damages on September 16, 2024, awarding a lump sum of $70,000.00 for pain and suffering. The public text does not detail specific medical experts, the mechanism of injury beyond SIRVA, or specific clinical findings. Petitioner was represented by Brynna Gang (Kraus Law Group, LLC) and Respondent by Naseem Kourosh (U.S. Department of Justice).