Dorothy Keegan v. HHS - Tdap, shoulder injury (2016)

Filed 2015-03-04Decided 2016-09-22Vaccine Tdap
compensated$42,000

Case summary [AI summaries can sometimes make mistakes]

Dorothy Keegan filed a petition for compensation under the National Vaccine Injury Compensation Program on March 4, 2015, alleging she suffered a shoulder injury resulting from a tetanus-diphtheria-acellular pertussis (Tdap) vaccine received on October 11, 2013. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the injury.

However, the parties reached a stipulation to settle the case. On August 27, 2015, they filed a joint stipulation agreeing to award Dorothy Keegan $42,000.00 as compensation for all damages.

This amount was to be paid as a lump sum. A separate decision on October 20, 2015, issued by Chief Special Master Nora Beth Dorsey, awarded $14,324.20 for attorney's fees and costs, to be paid as a lump sum check jointly payable to petitioner and her counsel, Diana Stadelnikas Sedar.

The injury, shoulder injury related to vaccine administration (SIRVA), is listed on the Vaccine Injury Table. The decision adopting the joint stipulation on damages was issued by Chief Special Master Denise K.

Vowell on September 22, 2016. The public decision does not describe the onset of symptoms, specific clinical details of the injury, diagnostic tests, or treatments.

Petitioner was represented by Diana Stadelnikas Sedar of Maglio Christopher & Toale, PA, and respondent was represented by Christine Becer of the US Department of Justice.

Theory of causation

Petitioner Dorothy Keegan received a Tdap vaccine on October 11, 2013, and alleged a resulting shoulder injury. The respondent denied causation. The parties reached a stipulation to settle the case, acknowledging that the Tdap vaccine is on the Vaccine Injury Table and that the alleged injury is Shoulder Injury Related to Vaccine Administration (SIRVA). The stipulation does not detail the specific mechanism of injury or present expert testimony. Petitioner was awarded $42,000.00 as a lump sum for all damages, and $14,324.20 for attorney's fees and costs. The decision adopting the stipulation was issued by Chief Special Master Denise K. Vowell on September 22, 2016, and the decision on attorney fees was issued by Chief Special Master Nora Beth Dorsey on October 20, 2015. Petitioner's counsel was Diana Stadelnikas Sedar, and respondent's counsel was Christine Becer.

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