Alison Clark v. HHS - Tdap, bilateral shoulder pain (2018)
Case summary [AI summaries can sometimes make mistakes]
Alison Clark filed a petition for compensation under the National Vaccine Injury Compensation Program on February 5, 2016, alleging that she suffered from bilateral shoulder pain as a result of receiving the hepatitis A, hepatitis B, and Tdap vaccines on July 19, 2014. She further alleged that her vaccine-related injuries lasted more than six months.
The respondent denied that the vaccines caused her bilateral shoulder pain or any other injury. Nevertheless, on November 7, 2017, 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. Pursuant to the stipulation, the court awarded Alison Clark a lump sum of $130,000.00, payable to the petitioner, as compensation for all items of damages available under the Vaccine Act.
The decision was entered on March 1, 2018. Petitioner was represented by Amber Diane Wilson of Maglio Christopher & Toale, PA, and respondent was represented by Sarah Christina Duncan of the U.S.
Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, or any expert testimony.
Theory of causation
Petitioner Alison Clark alleged that she suffered from bilateral shoulder pain as a result of receiving the hepatitis A, hepatitis B, and Tdap vaccines on July 19, 2014, and that the injury lasted more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $130,000.00. The specific theory of causation, medical experts, and detailed factual basis for the stipulation are not described in the public decision. The case was filed on February 5, 2016, and the decision on stipulation was entered on March 1, 2018. Petitioner's counsel was Amber Diane Wilson, and respondent's counsel was Sarah Christina Duncan.
Source PDFs
USCOURTS-cofc-1_16-vv-00181