Genice Jarman v. HHS - Tdap, shoulder injury to include rotator cuff tendonitis and adhesive capsulitis (2015)
Case summary [AI summaries can sometimes make mistakes]
Genice Jarman filed a petition for compensation under the National Vaccine Injury Compensation Program on August 25, 2014, alleging that she suffered a shoulder injury, including rotator cuff tendonitis and adhesive capsulitis, resulting from a Tdap vaccine received on October 28, 2011. The respondent denied that the Tdap vaccine caused the petitioner's left shoulder injuries or any other injury, and further denied that the petitioner's current disabilities, including brachial plexopathy, were sequelae of a vaccine-related injury.
The parties reached a settlement, and on March 23, 2015, Chief Special Master Denise Kathryn Vowell issued a decision awarding Genice Jarman $180,000.00 as compensation for all damages. This amount was to be paid as a lump sum in the form of a check payable to the petitioner.
Subsequently, on May 14, 2015, the parties filed a stipulation regarding attorneys' fees and costs. Chief Special Master Vowell issued a decision on this stipulation, awarding $26,187.23 in attorneys' fees and costs, jointly payable to the petitioner and her counsel, Alison Haskins of Maglio Christopher & Toale, PA.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Alison Haskins, Esq., and respondent was represented by Lisa Watts, Esq.
Theory of causation
Petitioner Genice Jarman alleged that a Tdap vaccine received on October 28, 2011, caused a shoulder injury, including rotator cuff tendonitis and adhesive capsulitis. Respondent denied causation. The parties reached a settlement, and compensation was awarded. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The settlement included a lump sum award of $180,000.00 for all damages. Attorneys' fees and costs were awarded separately in the amount of $26,187.23, jointly payable to the petitioner and her counsel, Alison Haskins. The decision was issued by Chief Special Master Denise Kathryn Vowell on March 23, 2015, with a subsequent decision on fees dated May 14, 2015. Petitioner was represented by Alison Haskins, Esq., and respondent by Lisa Watts, Esq.
Source PDFs
USCOURTS-cofc-1_14-vv-00773