Catherine A. Ferdetta v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Catherine A. Ferdetta filed a petition on August 5, 2015, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on August 16, 2012.
The respondent, the Secretary of Health and Human Services, filed a report conceding that Ms. Ferdetta's left shoulder SIRVA injury was compensable and that the injury lasted more than six months.
Special Master Christian J. Moran reviewed the record and, on October 9, 2015, issued an unpublished ruling finding that Ms.
Ferdetta was entitled to compensation. A status conference was scheduled to discuss the quantification of damages.
Subsequently, on December 30, 2015, the parties submitted a Proffer on Award of Compensation. On February 25, 2016, Special Master Christian J.
Moran issued an unpublished decision awarding Ms. Ferdetta a lump sum of $110,000.00, payable by check to Catherine Ferdetta.
This amount represents compensation for all damages available under the National Vaccine Injury Compensation Program. Petitioner was represented by Daniel R.
Gage of Gage Fiore, LLC, and respondent was represented by Glenn A. MacLeod of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, or treatments received by Ms.
Ferdetta, nor does it name any medical experts.
Theory of causation
Petitioner Catherine A. Ferdetta received a Tdap vaccination on August 16, 2012. She alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the SIRVA injury was compensable and lasted more than six months. Special Master Christian J. Moran found entitlement to compensation based on the record. The parties subsequently agreed to a proffer on award of compensation. The Special Master awarded a lump sum of $110,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a). The decision was based on a "Table" theory of causation, as indicated by the respondent's concession and the Special Master's finding of entitlement. No specific medical experts or detailed mechanism of injury were described in the public text. Petitioner's counsel was Daniel R. Gage, and respondent's counsel was Glenn A. MacLeod. Special Master Christian J. Moran issued the ruling on entitlement on October 9, 2015, and the decision awarding damages on February 25, 2016.
Source PDFs
USCOURTS-cofc-1_15-vv-00835