Dana Livneh v. HHS - Tdap, severe and debilitating pain and immobility in her left shoulder and arm (2014)

Filed 2014-03-11Decided 2014-04-01Vaccine Tdap
compensated$90,000

Case summary [AI summaries can sometimes make mistakes]

Dana Livneh filed a petition for compensation under the National Vaccine Injury Compensation Program on February 27, 2013, alleging that she suffered severe and debilitating pain and immobility in her left shoulder and arm, caused by the tetanus-diptheria-acellular pertussis (Tdap) vaccine she received on December 1, 2010. The respondent, the Secretary of the Department of Health and Human Services, filed a proffer on award of compensation on March 11, 2014, indicating that Ms.

Livneh agreed to the compensation amount. Special Master Thomas L.

Gowen issued a decision awarding Ms. Livneh a lump sum payment of $90,000.00.

This amount represents compensation for all damages available under the program, as outlined in 42 U.S.C. § 300aa-15(a). The award was made in the form of a check payable to Dana Livneh.

The decision was based on the parties' agreement as stated in the proffer. Petitioner was represented by Elizabeth Martin Muldowney, Esq., and respondent was represented by Ann Donohue Martin, Esq.

The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests, treatments, or expert testimony.

Theory of causation

Petitioner Dana Livneh alleged that the Tdap vaccine received on December 1, 2010, caused severe and debilitating pain and immobility in her left shoulder and arm. The case resulted in a compensated outcome. The theory of causation was not explicitly detailed in the provided public text, but the outcome suggests an "Off-Table" theory was accepted or stipulated. The respondent filed a proffer on award of compensation, agreeing to a $90,000.00 lump sum payment to the petitioner, representing all damages available under 42 U.S.C. § 300aa-15(a). Special Master Thomas L. Gowen issued the decision on April 1, 2014, based on this proffer and agreement. Petitioner was represented by Elizabeth Martin Muldowney, Esq., and respondent was represented by Ann Donohue Martin, Esq.

Source PDFs 1 total · 1 downloaded