Carl Becker v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2017)

Filed 2015-11-12Decided 2017-04-03Vaccine Tdap
compensated$95,000

Case summary [AI summaries can sometimes make mistakes]

Carl Becker filed a petition for compensation under the National Vaccine Injury Compensation Program on November 12, 2015. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by his tetanus diphtheria acellular pertussis (Tdap) vaccine, administered on October 14, 2013.

Mr. Becker further alleged that he experienced residual effects of his injury for more than six months and that there had been no prior award or settlement of a civil action for damages on his behalf.

The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccination caused Mr. Becker's alleged SIRVA or any other injury.

Despite the respondent's denial, the parties filed a joint stipulation on December 5, 2016, agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court.

Under the terms of the stipulation, Carl Becker was awarded a lump sum of $95,000.00, payable to him, representing compensation for all items of damages available under the Vaccine Act. The decision was issued on April 3, 2017.

Petitioner counsel was Maximillian J. Muller of Muller Brazil, LLP.

Respondent counsel was Debra A. Filteau Begley of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses.

The specific mechanism of injury is not detailed in the public decision.

Theory of causation

Petitioner Carl Becker alleged a shoulder injury related to vaccine administration (SIRVA) caused-in-fact by his tetanus diphtheria acellular pertussis (Tdap) vaccine administered on October 14, 2013. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The Special Master adopted the stipulation. Petitioner was awarded $95,000.00 as a lump sum. This case is designated as "Off-Table." The public decision does not name experts, describe the specific mechanism of injury, or detail the evidence considered beyond the stipulation. The decision was issued by Chief Special Master Nora Beth Dorsey on April 3, 2017. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Debra A. Filteau Begley.

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