Susan G. Webber v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2017)

Filed 2016-10-21Decided 2017-02-13Vaccine Tdap
compensated$147,500

Case summary [AI summaries can sometimes make mistakes]

Susan G. Webber filed a petition for compensation under the National Vaccine Injury Compensation Program on October 21, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccination on March 4, 2015.

The respondent was the Secretary of Health and Human Services. The parties filed a joint stipulation on damages on October 20, 2016.

In the stipulation, the parties agreed that Ms. Webber suffered SIRVA as a result of the Tdap vaccine administered on or about March 4, 2015, and that she experienced residual effects of her injury for more than six months.

The stipulation also stated that there had been no prior award or settlement for her condition and that there was no preponderance of evidence that her condition was due to a factor unrelated to the vaccination. Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court.

The parties stipulated that Ms. Webber would receive a lump sum of $147,500.00, payable to her, as compensation for all items of damages available under the Vaccine Act.

The decision was issued on February 13, 2017.

Theory of causation

Petitioner Susan G. Webber alleged SIRVA resulting from a Tdap vaccination on March 4, 2015. The parties filed a joint stipulation on damages, agreeing that the Tdap vaccine caused SIRVA and that the petitioner experienced residual effects for more than six months. They also stipulated that there was no prior award or settlement and no evidence of an unrelated cause. The Special Master adopted the stipulation. The award was $147,500.00 for all damages. Petitioner's counsel was Leah VaSahnja Durant and respondent's counsel was Robert Paul Coleman, III. Chief Special Master Nora Beth Dorsey issued the decision on February 13, 2017. The theory of causation was based on the Table for SIRVA.

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