David Suarez v. HHS - Tdap, left shoulder injury related to his receipt of a tetanus diphtheria acellular pertussis (“Tdap”) vaccine (2019)

Filed 2019-03-25Decided 2019-05-29Vaccine Tdap
compensated$40,935

Case summary [AI summaries can sometimes make mistakes]

David Suarez filed a petition for compensation under the National Vaccine Injury Compensation Program on March 25, 2019, alleging a left shoulder injury related to receiving a tetanus diphtheria acellular pertussis (Tdap) vaccine on September 3, 2015. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's injury.

Despite the denial, the parties filed a joint stipulation on March 22, 2019, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

The award included a lump sum payment of $40,000.00 payable to the petitioner and an additional $935.47 to reimburse a Medicaid lien, payable jointly to the petitioner and the State of Connecticut, Department of Administrative Services. The decision was issued on May 29, 2019.

The public decision does not describe the petitioner's counsel, respondent's counsel, the specific onset of symptoms, medical examinations, treatments, or expert testimony. This case was processed as a Table claim for Shoulder Injury Related to Vaccine Administration (SIRVA).

Theory of causation

Petitioner David Suarez alleged a left shoulder injury related to a Tdap vaccine received on September 3, 2015. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The award was $40,000.00 lump sum plus $935.47 for a Medicaid lien reimbursement. The case was processed as a Table claim for SIRVA. The public decision does not detail the specific mechanism of injury, expert testimony, or the medical evidence considered beyond the stipulation. Decision date: May 29, 2019. Petitioner's counsel: Joseph Alexander Vuckovich. Respondent's counsel: Adriana Ruth Teitel.

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