Leora Laclair-Montague v. HHS - Tdap, left shoulder injuries (2019)

Leora Laclair-Montague filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered left shoulder injuries caused-in-fact by the Tdap vaccination she received on December 14, 2015. She stated that she received the vaccination in the United States and suffered the effects of her injury for more than six months.

Respondent denied that the flu vaccine caused petitioner to suffer from a left shoulder injury, or any other injury or condition. Despite the denial, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Leora Laclair-Montague was awarded $90,821.53, consisting of $90,525.00 in a lump sum payment to her and $296.53 for reimbursement of a Medicaid lien, payable jointly to her and HMS, Inc.