Jo Ann Dreas v. HHS - Tdap, shoulder injury (2015)
Case summary [AI summaries can sometimes make mistakes]
Jo Ann Dreas filed a petition for compensation under the National Vaccine Injury Compensation Program on April 28, 2015, alleging she suffered a shoulder injury due to a tetanus-diphtheria-acellular pertussis (Tdap) vaccine received on August 13, 2012. She further alleged that the residual effects of this injury lasted for more than six months.
The respondent denied that the Tdap vaccination caused petitioner's shoulder injury or her current condition. The parties reached a settlement, and a joint stipulation was filed on October 2, 2015.
As part of the settlement, the respondent agreed to pay petitioner a lump sum of $50,000.00 for all damages. On October 6, 2015, the parties filed a separate stipulation regarding attorneys' fees and costs, agreeing to an award of $18,743.49.
Chief Special Master Nora Beth Dorsey adopted the stipulations and awarded a total of $68,743.49 in compensation and fees. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury.
Petitioner was represented by Philip C. Denton, and respondent was represented by Lara A.
Englund.
Theory of causation
Petitioner Jo Ann Dreas alleged a shoulder injury resulting from a Tdap vaccination on August 13, 2012, with residual effects lasting over six months. Respondent denied causation. The parties reached a settlement, and the case was resolved via joint stipulation. The specific medical theory of causation, expert testimony, or mechanism of injury were not detailed in the public decision. The settlement included a lump sum of $50,000.00 for damages and $18,743.49 for attorneys' fees and costs, totaling $68,743.49. Chief Special Master Nora Beth Dorsey issued the decision on November 16, 2015. Petitioner's counsel was Philip C. Denton, and respondent's counsel was Lara A. Englund.
Source PDFs
USCOURTS-cofc-1_15-vv-00428