Jasmine Sabet v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2015)
Case summary [AI summaries can sometimes make mistakes]
Jasmine Sabet filed a petition on January 23, 2014, alleging that she received a Tetanus-Diphtheria-Pertussis (Tdap) vaccine on February 11, 2011, and subsequently suffered a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded that Petitioner met the legal requirements for compensation and recommended an award.
The parties stipulated to damages, and Special Master Lisa Hamilton-Fieldman issued a decision awarding compensation on January 26, 2015. The award included a lump sum payment of $154,700.00, a lump sum payment of $300.00 to Petitioner and Beachside Physical Therapy, Inc., a lump sum payment of $5,262.07 to satisfy Medicaid liens from Neighborhood Health Plan of Rhode Island and/or the State of Rhode Island, and a lump sum payment of $437.19 to satisfy Medicaid liens from WellCare and/or the State of Florida.
Petitioner agreed to endorse the latter two payments to First Recovery Group LLC. Separately, on March 26, 2015, Petitioner filed a stipulation concerning attorneys' fees and costs.
Special Master Hamilton-Fieldman issued a decision on April 16, 2015, awarding $21,173.05 in attorneys' fees and costs, payable jointly to Petitioner and her counsel, Heather M. Bonnet-Hebert.
The total award amount was $175,862.07.
Theory of causation
Petitioner Jasmine Sabet alleged that she received a Tdap vaccine on February 11, 2011, and subsequently suffered a Shoulder Injury Related to Vaccine Administration (SIRVA). Respondent conceded that the injury was SIRVA, caused-in-fact by the Tdap vaccine administration, and not due to unrelated factors. The parties stipulated to damages, and the Special Master awarded compensation. The public decision does not describe the specific mechanism of injury, onset, symptoms, or expert testimony. The award totaled $175,862.07, including a lump sum of $154,700.00, $300.00 for physical therapy, $5,262.07 for Rhode Island Medicaid liens, $437.19 for Florida Medicaid liens, and $21,173.05 for attorneys' fees and costs. Special Master Lisa Hamilton-Fieldman issued the decisions on January 26, 2015 (damages) and April 16, 2015 (fees). Petitioner was represented by Heather M. Bonnet-Hebert of Mandell, Schwartz, & Boisclair, Ltd., and Respondent was represented by Ann Martin of the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_14-vv-00052