Dana Livneh v. HHS - Tdap, severe and debilitating pain and immobility in her left shoulder and arm (2014)
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.
Source PDFs
USCOURTS-cofc-1_13-vv-00146