Delores Olonovich v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2017)

Filed 2016-01-14Decided 2017-03-02Vaccine Tdap
compensated$95,000

Case summary [AI summaries can sometimes make mistakes]

Delores Olonovich filed a petition on January 14, 2016, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on February 20, 2015, she suffered a left shoulder injury related to vaccine administration (SIRVA).

The case was assigned to the Special Processing Unit. On February 29, 2016, the respondent filed a Rule 4(c) report conceding that the petitioner's injury was consistent with SIRVA and was caused-in-fact by the Tdap vaccine.

The respondent also stated that no other causes for the injury were identified and that the petitioner had suffered sequelae for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on February 29, 2016, finding Ms.

Olonovich entitled to compensation. Subsequently, on November 17, 2016, the respondent filed a proffer on the award of compensation, proposing an award of $95,000.00.

The petitioner agreed with this proffered amount. On March 2, 2017, Chief Special Master Dorsey issued a decision awarding Delores Olonovich a lump sum payment of $95,000.00, payable by check to Ms.

Olonovich, as compensation for her SIRVA. This amount represented all elements of compensation available under 42 U.S.C. § 300aa-15(a).

Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Darryl Wishard of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation

Petitioner Delores Olonovich received a Tdap vaccine on February 20, 2015, and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA). The respondent conceded causation-in-fact for the SIRVA, stating the injury was caused by the Tdap vaccine and no other causes were identified. The case was assigned to the Special Processing Unit. Chief Special Master Nora Beth Dorsey ruled on entitlement on February 29, 2016, finding petitioner entitled to compensation based on the concession. On November 17, 2016, respondent filed a proffer proposing an award of $95,000.00, which petitioner accepted. Chief Special Master Dorsey issued a decision on March 2, 2017, awarding petitioner a lump sum of $95,000.00. The theory of causation was off-Table, based on respondent's concession. Petitioner's counsel was Maximillian Muller (Muller Brazil, LLP), and respondent's counsel was Darryl Wishard (U.S. Department of Justice).

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