Lindsey Desrosiers v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2017)

Filed 2016-02-16Decided 2017-11-17Vaccine Tdap
compensated$85,336

Case summary [AI summaries can sometimes make mistakes]

Lindsey Desrosiers filed a petition for compensation under the National Vaccine Injury Compensation Program on February 16, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on March 9, 2015. The respondent conceded entitlement, agreeing that the injury was caused by the Tdap vaccine and that the sequelae lasted more than six months.

The case proceeded to determine damages. The petitioner, who was six months pregnant at the time of vaccination, experienced left shoulder pain two weeks after the injection.

Medical records documented pain, limited range of motion, and weakness, with diagnoses including rotator cuff tendinopathy and impingement. Due to her pregnancy, treatment options were limited.

She underwent physical therapy with some improvement, but continued to experience pain. An MRI revealed mild tendinosis and bursitis.

The petitioner sought $90,000 for pain and suffering, citing the impact on her ability to care for her newborn child. The respondent proposed $45,000, arguing the injury was mild and had largely resolved.

The court awarded $85,000 for pain and suffering, acknowledging the limitations imposed by her pregnancy and the impact on her maternal duties, plus $336.20 in past unreimbursed medical expenses, for a total award of $85,336.20.

Source PDFs 4 total · 3 downloaded