Kristen Bell v. HHS - Td/Tetanus, shoulder injury related to vaccine administration (SIRVA) (2017)

Kristen Bell filed a petition for compensation under the National Vaccine Injury Compensation Program on April 11, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus vaccination on April 30, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 26, 2016, conceding that Ms.

Bell was entitled to compensation. The respondent concluded that Ms.

Bell's alleged injury was consistent with SIRVA and that a preponderance of the evidence established that her SIRVA was caused-in-fact by the tetanus vaccination. The respondent further agreed that Ms.

Bell had satisfied all legal prerequisites for compensation under the Vaccine Act. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on August 26, 2016, finding Ms.

Bell entitled to compensation based on the respondent's concession and the evidence. On January 25, 2017, the parties filed a joint stipulation for damages.

The public decision on the joint stipulation was issued on January 26, 2017. In the stipulation, Ms.

Bell alleged that the vaccine was administered within the United States, she had experienced residual effects of the injury for more than six months, and there had been no prior award or settlement of a civil action for damages on her behalf. The parties stipulated that Ms.

Bell would receive $75,000.00 as compensation for all items of damages available under the Vaccine Act. Chief Special Master Dorsey adopted the stipulation and approved the requested amount.

Petitioner's counsel was Diana Sedar and Diana Stadelnikas of Maglio Christopher and Toale, PA. Respondent's counsel was William Powers of the U.S.

Department of Justice. The decision on damages was issued by Chief Special Master Nora Beth Dorsey.