Patricia Miller v. HHS - Tdap, left shoulder pain and cellulitis (2017)

Filed 2017-04-10Decided 2017-12-06Vaccine Tdap
compensated$99,092

Case summary [AI summaries can sometimes make mistakes]

Patricia Miller filed a petition for compensation under the National Vaccine Injury Compensation Program on May 19, 2016, alleging that she received a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on July 11, 2014. She claimed that she subsequently suffered from left shoulder pain and cellulitis, which she alleged was caused-in-fact by the Tdap vaccine, and that her injury lasted for more than six months.

The respondent denied that the Tdap vaccine caused Ms. Miller's injuries.

Despite the respondent's denial, the parties filed a joint stipulation on April 10, 2017, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

Patricia Miller was awarded a lump sum of $99,092.40, payable to her, as compensation for all damages available under the Vaccine Act. The decision was finalized on December 6, 2017.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Jeffrey S.

Pop, and respondent was represented by Christine M. Becer.

Theory of causation

Petitioner Patricia Miller alleged that a Tdap vaccine administered on July 11, 2014, caused her to suffer from left shoulder pain and cellulitis, with the injury lasting 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 award was a lump sum of $99,092.40. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony. The case was settled via stipulation.

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