Heather L. Foster v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Heather Foster filed a petition on February 28, 2018, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tetanus diphtheria-acellular-pertussis (Tdap) vaccine on October 17, 2015.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injury. Despite maintaining their respective positions, both parties agreed to settle the matter through a stipulation filed on February 28, 2018.
Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in awarding damages.
The stipulation awarded Heather Foster a lump sum of $51,666.69, payable by check to Ms. Foster, representing compensation for all damages available under the Act.
The court directed that judgment be entered accordingly. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests performed, or treatments received.
Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Christine Mary Becer.
Theory of causation
Petitioner Heather Foster alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on October 17, 2015. Respondent denied causation. The parties reached a settlement via stipulation, filed February 28, 2018, and adopted by Special Master Brian H. Corcoran on April 2, 2018. The stipulation awarded Petitioner $51,666.69. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, as the case was resolved by stipulation. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Christine Mary Becer.
Source PDFs
USCOURTS-cofc-1_17-vv-00527