Hamid Ahmed v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
On April 10, 2017, Hamid Ahmed filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) following a Tetanus Diphtheria and acellular Pertussis (Tdap) vaccination received on February 24, 2015. Mr.
Ahmed claimed residual effects lasting more than six months and stated that no prior civil action had been filed on his behalf. The respondent denied that the Tdap vaccine caused the alleged SIRVA or any other injury, and further denied that Mr.
Ahmed's current disabilities were a sequela of a vaccine-related injury. Despite the respondent's denials, the parties filed a joint stipulation for damages on April 10, 2017.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the court's decision. Mr.
Ahmed was awarded a lump sum of $70,000.00, payable to him, as compensation for all items of damages. Additionally, he was awarded a lump sum of $1,262.37 to reimburse the state of Colorado Medicaid lien, payable jointly to Mr.
Ahmed and the Colorado Department of Health Care Policy and Financing, with Mr. Ahmed agreeing to endorse this check to the state.
The decision was based on this joint stipulation.
Theory of causation
Petitioner Hamid Ahmed alleged a shoulder injury related to vaccine administration (SIRVA) following his February 24, 2015 Tdap vaccination. The respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Chief Special Master Nora Beth Dorsey. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, diagnostic tests, or treatments. The award was based on a joint stipulation, totaling $71,262.37 ($70,000.00 lump sum for damages and $1,262.37 for Colorado Medicaid lien reimbursement). The decision date was December 6, 2017. Attorneys for the petitioner were John Robert Howie, Jr. of Howie Law, P.C., and for the respondent was Colleen Clemons Hartley of the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_16-vv-00684