Kathleen Amato v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2018)

Filed 2017-04-13Decided 2018-10-18Vaccine Tdap
compensated$81,500

Case summary [AI summaries can sometimes make mistakes]

Kathleen Amato filed a petition for compensation under the National Vaccine Injury Compensation Program on April 13, 2017. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her Tetanus Diphtheria acellular Pertussis (Tdap) vaccination on April 25, 2016.

Ms. Amato stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that she had not received a prior award or settlement for this injury.

The respondent denied that the Tdap vaccine caused Ms. Amato's alleged shoulder injury and residual effects.

On August 3, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.

Ms. Amato was awarded a lump sum of $81,500.00, payable to her, representing compensation for all available items of damages.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Jennifer Leigh Reynaud of the U.S.

Department of Justice.

Theory of causation

Petitioner Kathleen Amato alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccination on April 25, 2016. Respondent denied causation. The parties filed a joint stipulation on August 3, 2018, agreeing to an award. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and awarded $81,500.00 as a lump sum. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts beyond the condition and vaccine. The theory of causation is based on the "Table" as indicated by the provided database fields, suggesting a presumed causation under the Vaccine Act's statutory framework, which was resolved via stipulation.

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