Claire Dunne v. HHS - Tdap, left shoulder injuries (2018)
Case summary [AI summaries can sometimes make mistakes]
Claire Dunne filed a petition for compensation under the National Vaccine Injury Compensation Program on November 30, 2016. She alleged that she suffered left shoulder injuries caused in fact by the tetanus, diphtheria, and pertussis (Tdap) vaccine she received on September 20, 2015.
Ms. Dunne stated that she received the vaccination in the United States, that the residual effects of her injuries lasted for more than six months, and that neither she nor any other party had filed a civil action or received compensation for her alleged vaccine-caused injuries.
The Secretary of Health and Human Services, respondent, denied that the Tdap immunization caused Ms. Dunne's alleged shoulder injuries or any other injury or condition.
On January 8, 2018, the parties filed a joint stipulation for damages, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable.
The decision adopted the stipulation as the Court's decision. Pursuant to the stipulation, Chief Special Master Dorsey awarded Claire Dunne a lump sum of $45,000.00, payable by check to the petitioner, as compensation for all items of damages.
Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Traci R.
Patton of the U.S. Department of Justice.
The decision was issued on January 8, 2018, and subsequently posted on April 11, 2018.
Theory of causation
Petitioner Claire Dunne alleged that she suffered left shoulder injuries caused in fact by the tetanus, diphtheria, and pertussis (Tdap) vaccine administered on September 20, 2015. The respondent denied that the Tdap immunization caused the alleged shoulder injuries. The parties filed a joint stipulation for damages, agreeing to an award. The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, diagnostic tests, or treatments. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $45,000.00 for all items of damages. The decision was issued on January 8, 2018. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Traci R. Patton.
Source PDFs
USCOURTS-cofc-1_16-vv-01590