Brandie Sanders v. HHS - Tdap, shoulder injury (2016)

Filed 2016-08-31Decided 2016-11-02Vaccine Tdap
compensated$132,000

Case summary [AI summaries can sometimes make mistakes]

On February 2, 2016, Brandie Sanders filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury as a result of receiving a Tetanus, Diphtheria [acellular] Pertussis (Tdap) vaccine on February 14, 2015. Petitioner further alleged that she experienced residual effects of this injury for more than six months.

The respondent denied that the Tdap immunization caused the alleged shoulder injury or any other injury or condition. Nevertheless, on August 31, 2016, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court. Brandie Sanders was awarded a lump sum of $132,000.00, representing compensation for all items of damages available under the Vaccine Act.

This decision was based on the joint stipulation of the parties. Petitioner counsel was Maximillian J.

Muller of Muller Brazil, LLP. Respondent counsel was Traci R.

Patton of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The specific mechanism of injury and any expert testimony are not detailed in the public decision.

Theory of causation

Petitioner Brandie Sanders alleged a shoulder injury resulting from a Tetanus, Diphtheria [acellular] Pertussis (Tdap) vaccine administered on February 14, 2015, with residual effects lasting more than six months. The respondent denied causation. The parties reached a joint stipulation for compensation. The Special Master adopted the stipulation as the decision. Petitioner was awarded $132,000.00. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The case was resolved via joint stipulation.

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