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 September 5, 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.
Source PDFs
USCOURTS-cofc-1_17-vv-00735