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 August 15, 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.