Lise Marquis v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2014)
Case summary [AI summaries can sometimes make mistakes]
Lise Marquis filed a petition for compensation under the National Vaccine Injury Compensation Program on November 25, 2013. She alleged that she suffered from Shoulder Injury Related to Vaccine Administration (SIRVA) caused in fact by her tetanus-diphtheria-acellular pertussis (Tdap) vaccination received on April 22, 2013.
Ms. Marquis further alleged that she experienced residual effects of her injuries for more than six months.
The respondent denied that the Tdap vaccine caused petitioner’s SIRVA or any other injury. Nevertheless, the parties reached a settlement agreement.
Respondent agreed to pay Ms. Marquis a lump sum of $88,000.00 for all damages and an additional $14,191.82 for attorneys' fees and costs.
Special Master Thomas L. Gowen adopted the parties' stipulation and awarded compensation in the agreed-upon amount.
The case was settled as an off-Table claim, with the petitioner alleging causation-in-fact. Petitioner was represented by Andrew Downing, Esq., and respondent was represented by Julia McInerny, Esq.
The decision was issued on August 6, 2014.
Theory of causation
Petitioner Lise Marquis alleged that her tetanus-diphtheria-acellular pertussis (Tdap) vaccination on April 22, 2013, caused Shoulder Injury Related to Vaccine Administration (SIRVA), with residual effects lasting more than six months. Respondent denied causation. The parties stipulated to settle the case as an off-Table claim, alleging causation-in-fact. The settlement included a lump sum of $88,000.00 for damages and $14,191.82 for attorneys' fees and costs, totaling $102,191.82. Special Master Thomas L. Gowen adopted the stipulation in a decision dated August 6, 2014. Petitioner was represented by Andrew Downing, Esq., and respondent by Julia McInerny, Esq.
Source PDFs
USCOURTS-cofc-1_13-vv-00932