Isabel Terrell v. HHS - Td, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Isabel Terrell filed a petition on May 17, 2013, under the National Vaccine Injury Compensation Program, alleging that a tetanus diphtheria (Td) vaccine administered on March 21, 2009, caused her to develop Shoulder Injury Related to Vaccine Administration (SIRVA). She further alleged that the residual effects of this injury persisted for more than six months.
The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. Both parties agreed that Ms.
Terrell suffered SIRVA resulting from the vaccine administration. However, the respondent denied that the Td vaccination caused Ms.
Terrell's alleged SIRVA or any other injury. On July 11, 2016, the parties submitted a joint stipulation to settle the case.
Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. As part of the stipulation, Ms.
Terrell was awarded a lump sum of $250,000.00, payable by check to the petitioner. This amount was intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a).
The decision was issued on August 3, 2016. Petitioner was represented by Leah Durant of the Law Offices of Leah V.
Durant, PLLC, and respondent was represented by Debra Begley of the United States Department of Justice.
Theory of causation
Petitioner Isabel Terrell received a Td vaccine on March 21, 2009, and subsequently developed Shoulder Injury Related to Vaccine Administration (SIRVA) with residual effects lasting over six months. The parties stipulated to the occurrence of SIRVA but respondent denied causation-in-fact. The case was settled via joint stipulation on July 11, 2016, and adopted by Chief Special Master Nora Beth Dorsey on August 3, 2016. Petitioner was awarded $250,000.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). Petitioner's counsel was Leah Durant (Law Offices of Leah V. Durant, PLLC), and respondent's counsel was Debra Begley (United States Department of Justice).
Source PDFs
USCOURTS-cofc-1_13-vv-00334