Tracy E. Carrozza v. HHS - Tdap, severe shoulder pain (2017)
Case summary [AI summaries can sometimes make mistakes]
Tracy E. Carrozza filed a petition for compensation under the National Vaccine Injury Compensation Program on April 14, 2016, alleging she suffered severe shoulder pain after receiving a Tdap vaccine (specifically, the Boostrix vaccine) on July 24, 2015.
Ms. Carrozza alleged that the vaccination occurred in the United States, that the effects of her injury lasted for more than six months, and that she had not received prior compensation for this injury.
The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Shoulder Injury Related to Vaccine Administration (SIRVA) or any other injury, and denied that Ms. Carrozza's current disabilities were sequelae of a vaccine-related injury.
Despite the respondent's denial, on April 17, 2017, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.
Ms. Carrozza was awarded a lump sum of $170,000.00, payable by check to the petitioner, representing compensation for all items of damages available under the Vaccine Act.
The decision was issued on December 8, 2017. Petitioner was represented by Leah Durant of the Law Offices of Leah Durant, PLLC, and respondent was represented by Lynn Ricciardella of the U.S.
Department of Justice.
Theory of causation
Petitioner Tracy E. Carrozza alleged injury following a Tdap (Boostrix) vaccination on July 24, 2015. The alleged injury was severe shoulder pain, consistent with SIRVA. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation indicates a "Table" theory of causation was utilized, as no specific mechanism or expert testimony is detailed in the public decision. Petitioner was awarded $170,000.00 as a lump sum. The decision date was December 8, 2017. Attorneys involved were Leah Durant for the petitioner and Lynn Ricciardella for the respondent.
Source PDFs
USCOURTS-cofc-1_16-vv-00474