Lilia Tellez-Garcia v. HHS - Tdap, shoulder injury related to vaccination administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Lilia Tellez-Garcia filed a petition on June 16, 2017, alleging that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine she received on November 12, 2015, caused her to develop a shoulder injury related to vaccination administration (SIRVA). She further alleged that the residual effects of this injury lasted for more than six months.
The Tdap vaccine is listed on the Vaccine Injury Table. The respondent denied that the Tdap vaccine caused petitioner to suffer from SIRVA or any other injury.
Despite the respondent's denial, the parties filed a joint stipulation agreeing to compensation. Special Master Christian J.
Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Lilia Tellez-Garcia a lump sum payment of $40,235.00, payable by check to the petitioner, as compensation for all damages.
The case proceeded as a Table claim. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
The clerk was directed to enter judgment in the case according to the decision and the stipulation, unless a motion for review was filed.
Theory of causation
Petitioner Lilia Tellez-Garcia alleged that the Tdap vaccine administered on November 12, 2015, caused a shoulder injury related to vaccination administration (SIRVA), which is a condition listed on the Vaccine Injury Table. Petitioner alleged residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which Special Master Christian J. Moran found reasonable and adopted as the Court's decision. The award was a lump sum of $40,235.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the Table listing and alleged duration of effects. Attorneys for the petitioner were Shealene P. Mancuso of Muller Brazil, LLP, and for the respondent was Dhairya D. Jani of the United States Dep’t of Justice.
Source PDFs
USCOURTS-cofc-1_17-vv-00816