Marilyn Erickson v. HHS - Tdap, left shoulder injuries, including a rotator cuff tear, tendinitis, impingement syndrome, and/or bursitis (2014)
Case summary [AI summaries can sometimes make mistakes]
On November 5, 2014, Marilyn Erickson filed a petition alleging that she suffered left shoulder injuries, including a rotator cuff tear, tendinitis, impingement syndrome, and/or bursitis, as a result of receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on March 5, 2013. Erickson further alleged that these residual effects lasted for more than six months.
The Secretary of Health and Human Services, the respondent, denied that the Tdap vaccine caused Erickson's alleged injuries or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite these denials, the parties reached a stipulation to resolve the matter informally.
Special Master Laura D. Millman adopted the stipulation, awarding Erickson $135,000.00 for all damages available under 42 U.S.C. § 300aa-15(a).
The parties also agreed on attorneys' fees and costs, with the Special Master awarding $12,258.22, made payable jointly to Erickson and her attorneys, Muller Brazil, LLP. Petitioner was represented by Paul R.
Brazil, and respondent was represented by Lisa A. Watts.
The decision was issued on November 5, 2014.
Theory of causation
Petitioner Marilyn Erickson alleged that a Tdap vaccine administered on March 5, 2013, caused left shoulder injuries, including a rotator cuff tear, tendinitis, impingement syndrome, and/or bursitis, with residual effects lasting more than six months. The respondent denied causation. The parties reached an informal stipulation to resolve the matter. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical findings supporting the alleged causation. Special Master Laura D. Millman adopted the stipulation, awarding $135,000.00 for all damages under 42 U.S.C. § 300aa-15(a) and $12,258.22 for attorneys' fees and costs, payable jointly to petitioner and Muller Brazil, LLP. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Lisa A. Watts. The decision date was November 5, 2014.
Source PDFs
USCOURTS-cofc-1_14-vv-00351