Cecelia Buchanan v. HHS - Tdap, left shoulder injuries (2018)

Cecelia Buchanan filed a petition for compensation under the National Vaccine Injury Compensation Program on October 5, 2016. She alleged that the tetanus, diphtheria, acellular pertussis (Tdap) vaccine she received on December 20, 2014, caused her left shoulder injuries.

The petition stated that the vaccine was administered in the United States and that she suffered residual effects of her injury for more than six months. Petitioner also represented that no prior action or compensation had been received for her alleged vaccine-caused injuries.

The respondent, the Secretary of Health and Human Services, denied that the Tdap immunization caused petitioner's alleged shoulder injuries or any other injury or condition. Despite maintaining their respective positions, the parties filed a joint stipulation on November 16, 2017, agreeing to settle the case.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Ms.

Buchanan was awarded a lump sum of $30,000.00, payable by check to the petitioner, as compensation for all damages available under the Vaccine Act. This amount represents a compromise of the parties' positions on liability and damages.

The stipulation also addressed the process for awarding reasonable attorneys' fees and costs. The decision noted that the public text does not describe the specific onset of symptoms, medical tests performed, or treatments received.

The decision was issued on February 28, 2018.