Christina Garber v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Christina Garber filed a petition on February 1, 2016, alleging that she received a Tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on February 19, 2015, and subsequently suffered a shoulder injury caused by the vaccination. The case was assigned to the Special Processing Unit.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 6, 2016, conceding that Ms. Garber's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that it was compensable under the National Vaccine Injury Compensation Program.
Based on this concession, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on May 9, 2016, finding Ms. Garber entitled to compensation.
Subsequently, on July 5, 2016, the parties submitted a joint proffer on the award of compensation. The respondent proffered that Ms.
Garber should be awarded $75,657.82, representing all elements of compensation available under the Vaccine Act. Ms.
Garber agreed with this proffered award. On August 29, 2016, Chief Special Master Dorsey issued a decision awarding Ms.
Garber a lump sum payment of $75,657.82, payable by check to Ms. Garber.
Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Justine Walters of the U.S. Department of Justice.
Theory of causation
Petitioner Christina Garber alleged that she received a Tdap vaccine on February 19, 2015, and thereafter suffered a shoulder injury caused in fact by the vaccination. The respondent conceded that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was compensable. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. No experts were named in the public text. The case was resolved via concession and proffer. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on May 9, 2016, finding petitioner entitled to compensation. On July 5, 2016, respondent filed a Proffer on Award of Compensation, agreeing to an award of $75,657.82, which petitioner accepted. Chief Special Master Dorsey issued a Decision Awarding Damages on August 29, 2016, awarding a lump sum of $75,657.82. Petitioner's counsel was Maximillian Muller, and respondent's counsel was Justine Walters.
Source PDFs
USCOURTS-cofc-1_16-vv-00154