Kebba Dampha v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Kebba Dampha filed a petition for compensation under the National Vaccine Injury Compensation Program on June 2, 2017. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving influenza and Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccinations on October 22, 2014.
Mr. Dampha further alleged that he experienced residual effects of this injury for more than six months and that there had been no prior award or settlement of a civil action for damages on his behalf as a result of his condition.
The Secretary of Health and Human Services, respondent, denied that the flu or Tdap vaccines caused Mr. Dampha to suffer from SIRVA, or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury.
Despite the respondent's denial, on September 5, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.
Pursuant to the stipulation, Mr. Dampha was awarded a lump sum of $81,533.18, payable by check to the petitioner, representing compensation for all eligible damages.
The decision was entered on October 24, 2018. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.
Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Gabrielle Manganiello Fielding of the U.S. Department of Justice.
Theory of causation
Petitioner Kebba Dampha alleged a shoulder injury related to vaccine administration (SIRVA) following influenza and Tdap vaccinations on October 22, 2014. The respondent denied causation. The parties filed a joint stipulation on September 5, 2018, agreeing to an award. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $81,533.18 as compensation for all eligible damages. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement. The theory of causation is based on the "Table" as indicated by the initial data, but the specific Table category is not detailed in the provided text. The decision date was October 24, 2018. Petitioner's counsel was John Robert Howie, and respondent's counsel was Gabrielle Manganiello Fielding.
Source PDFs
USCOURTS-cofc-1_17-vv-00735