Rochelle Beaver v. HHS - Tdap, shoulder injury related to vaccine administration (2016)

Filed 2014-10-15Decided 2016-06-22Vaccine Tdap
compensated$55,000

Case summary [AI summaries can sometimes make mistakes]

On October 15, 2014, Rochelle Beaver filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from a tetanus-diphtheria-acellular-pertussis (Tdap) vaccine received on October 26, 2011. The respondent, the Secretary of Health and Human Services, denied that the Tdap immunization caused petitioner's alleged shoulder injury or any other injury or condition.

The parties subsequently filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

Rochelle Beaver was awarded a lump sum of $55,000.00, payable to petitioner, as compensation for all items of damages available under the Vaccine Act. The decision was entered on June 22, 2016.

Petitioner was represented by Ronald Homer of Conway, Homer, & Chin-Caplan, P.C., and respondent was represented by Camille Collett of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The specific mechanism of injury was not detailed in the public decision.

Theory of causation

Petitioner Rochelle Beaver alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on October 26, 2011. Respondent denied causation. The parties filed a joint stipulation agreeing to compensation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Petitioner was awarded $55,000.00 as a lump sum. Chief Special Master Nora Beth Dorsey issued the decision on June 22, 2016. Petitioner's counsel was Ronald Homer, and respondent's counsel was Camille Collett.

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