Beverly Towne v. HHS - Tdap, left shoulder injuries (2019)

Filed 2016-09-09Decided 2019-01-09Vaccine Tdap
compensated$70,000

Case summary [AI summaries can sometimes make mistakes]

On September 9, 2016, Dr. Beverly Towne filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine administered on December 23, 2015, caused her to suffer left shoulder injuries with residual effects lasting more than six months.

The respondent denied that the Tdap vaccine caused the alleged shoulder injury or any other condition. Despite the respondent's denial, the parties filed a joint stipulation on November 19, 2018, 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. Pursuant to the stipulation, Beverly Towne was awarded a lump sum of $70,000.00, payable to her, representing compensation for all items of damages available under the Vaccine Act.

The decision was entered on January 9, 2019. The public decision does not describe the specific onset of symptoms, clinical details, diagnostic tests, treatments, or the mechanism of injury.

Petitioner was represented by Verne E. Paradie, Jr. of Paradie, Sherman, et al., and respondent was represented by Jennifer Leigh Reynaud of the U.S.

Department of Justice.

Theory of causation

Petitioner Beverly Towne alleged that a Tdap vaccine received on December 23, 2015, caused left shoulder injuries and residual effects 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 stipulation resulted in a $70,000.00 lump sum award. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. The case was settled via stipulation, and the decision was entered on January 9, 2019. Petitioner counsel was Verne E. Paradie, Jr., and respondent counsel was Jennifer Leigh Reynaud.

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