Alexis Depalmo v. HHS - Tdap, left shoulder injuries (2015)

Filed 2014-12-22Decided 2015-06-25Vaccine Tdap
compensated$94,500

Case summary [AI summaries can sometimes make mistakes]

Alexis Depalmo filed a petition for compensation under the National Vaccine Injury Compensation Program on December 22, 2014, alleging that she suffered "left shoulder injuries" caused by the tetanus, diphtheria, accellular-pertussis (Tdap) vaccine she received on March 30, 2014. The respondent denied that the vaccination caused petitioner's injuries or any injury.

The public decision does not describe the onset of symptoms, specific clinical details of the injury, diagnostic tests, or treatments. The parties subsequently filed a joint stipulation to settle the case.

As part of the stipulation, the respondent agreed to pay the petitioner a lump sum of $80,000.00 for all damages. Following this, the parties filed a separate stipulation for attorneys' fees and costs.

In this stipulation, they agreed to an award of $14,500.00 for attorneys' fees and costs. Chief Special Master Denise Kathryn Vowell adopted both stipulations.

The total award to the petitioner was $94,500.00, consisting of the $80,000.00 lump sum for damages and $14,500.00 for attorneys' fees and costs. The decision was issued on June 25, 2015.

Petitioner was represented by Paul Brazil, Esq., and respondent was represented by Christine Becer, Esq.

Theory of causation

Petitioner Alexis Depalmo alleged left shoulder injuries caused by the Tdap vaccine received on March 30, 2014. Respondent denied causation. The parties reached a settlement via joint stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was resolved through a stipulation for damages, with respondent agreeing to pay $80,000.00. A separate stipulation addressed attorneys' fees and costs, agreeing to an award of $14,500.00. Chief Special Master Denise Kathryn Vowell adopted the stipulations, awarding a total of $94,500.00. The decision was issued on June 25, 2015. Petitioner was represented by Paul Brazil, Esq., and respondent by Christine Becer, Esq. The underlying theory of causation is presumed to fall under the Vaccine Injury Table, specifically Shoulder Injury Related to Vaccine Administration (SIRVA), as indicated by the case processing unit designation.

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