Elahe Amani v. HHS - Td/Tetanus, Shoulder Injury Related to Vaccine Administration (2016)

On February 25, 2014, Elahe Amani filed a petition under the National Vaccine Injury Compensation Program, alleging that a Tetanus-Diphtheria-acellular-Pertussis (Tdap) vaccine administered on July 24, 2011, caused her to suffer from a Shoulder Injury Related to Vaccine Administration (SIRVA). The Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on May 27, 2014, conceding that the Petitioner was entitled to compensation for her vaccine-caused injury.

Subsequently, on August 15, 2016, the parties submitted a joint stipulation on damages. In this stipulation, they agreed that there was no evidence suggesting Petitioner's SIRVA was due to factors unrelated to the Tdap vaccination.

The stipulation detailed an agreed-upon compensation award. This award included a lump sum of $167,713.79, intended to cover first-year life care expenses ($14,600.00), pain and suffering ($150,000.00), and past unreimbursable expenses ($3,113.79).

Additionally, the award included an amount sufficient to purchase an annuity contract. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.

Judgment was to be entered in accordance with the terms of the stipulation, with the clerk of the court directed to enter judgment unless a motion for review was filed. Petitioner was represented by Lisa Roquemore, and Respondent was represented by Michael Milmoe.