Lori Baca v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA), including adhesive capsulitis or “frozen shoulder.” (2014)

Filed 2013-09-06Decided 2014-09-02Vaccine Tdap
compensated$77,423

Case summary [AI summaries can sometimes make mistakes]

Petitioner Lori Baca filed a petition on September 6, 2013, alleging that a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccination received on September 15, 2010, caused her to suffer a shoulder injury related to vaccine administration (SIRVA), including adhesive capsulitis, also known as "frozen shoulder." Petitioner also alleged that she experienced residual effects of the injury for more than six months and that there had been no prior award or settlement for damages related to her condition. The respondent, the Secretary of Health and Human Services, filed a joint stipulation on August 4, 2014.

In this stipulation, both parties agreed that petitioner suffered a SIRVA from the Tdap vaccination and that the evidence did not show her condition was due to a factor unrelated to the vaccine. The parties also agreed that the other elements of eligibility for compensation had been established.

Special Master Christian J. Moran reviewed the joint stipulation and found it reasonable, adopting it as the decision of the Court.

Petitioner was awarded compensation in the form of a lump sum of $77,422.69, payable to Lori Baca, representing all damages available under 42 U.S.C. § 300aa-15(a). Additionally, a lump sum of $11,718.46 was awarded for attorneys' fees and costs, payable to both petitioner and her attorney, Randall Knutson of Farrish Johnson Law Office.

No out-of-pocket expenses were incurred by the petitioner. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.

The attorneys involved were Randall Knutson for the petitioner and Julia McInerny for the respondent.

Theory of causation

Lori Baca alleged that a Tdap vaccination administered on September 15, 2010, caused a shoulder injury related to vaccine administration (SIRVA), including adhesive capsulitis or "frozen shoulder," with residual effects lasting over six months. The parties entered into a joint stipulation agreeing that petitioner sustained a SIRVA from the Tdap vaccine and that no preponderance of evidence indicated an unrelated cause. Special Master Christian J. Moran adopted this stipulation, finding entitlement established. Compensation was awarded as a lump sum of $77,422.69 for damages and $11,718.46 for attorneys' fees and costs. Petitioner's counsel was Randall Knutson; respondent's counsel was Julia McInerny. The specific mechanism of injury and expert testimony are not detailed in the public decision, which relies on the parties' stipulation.

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