Virginia Lara v. HHS - Tdap, right shoulder injuries, including persistent, constant, sharp shoulder pain that radiated into her jaw, limited range of motion, and right arm weakness (2018)
Case summary [AI summaries can sometimes make mistakes]
On June 28, 2017, Virginia Lara filed a Vaccine Program petition after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccination on October 19, 2015. She alleged that the vaccination caused right shoulder injuries, including persistent, constant, sharp shoulder pain radiating into her jaw, limited range of motion, and right arm weakness.
Respondent conceded entitlement in a Rule 4(c) report filed January 17, 2018. The report stated that Lara's alleged injury was consistent with SIRVA, that she had no recent history of right shoulder pain, inflammation, or dysfunction, that pain began within 48 hours of vaccination, that the pain was limited to the vaccinated shoulder, that no other condition or abnormality explained the shoulder pain, and that residual effects lasted more than six months.
Chief Special Master Nora Beth Dorsey found Lara entitled to compensation on January 19, 2018. Respondent filed a damages proffer on May 18, 2018, and Lara agreed.
On May 21, 2018, Chief Special Master Dorsey awarded a lump sum of $143,100.00, payable to Virginia Lara, representing all damages available under section 15(a). Lara was represented by Shealene Priscilla Wasserman of Muller Brazil, LLP.
Theory of causation
Tetanus-diphtheria-acellular pertussis (Tdap) vaccine (October 19, 2015) causing right shoulder SIRVA symptoms: persistent sharp pain radiating into jaw, limited range of motion, and right arm weakness. COMPENSATED. Respondent conceded Table SIRVA: no recent right shoulder pain/inflammation/dysfunction, onset within 48 hours, pain limited to vaccinated shoulder, no alternate condition, residual effects more than six months. Entitlement granted by Chief Special Master Nora Beth Dorsey on January 19, 2018; damages awarded May 21, 2018. Award: $143,100.00 lump sum payable to Virginia Lara. Attorney: Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA.
Source PDFs
USCOURTS-cofc-1_17-vv-00880