Sheryl Attig v. HHS - Tdap, left shoulder injuries (2019)
Case summary [AI summaries can sometimes make mistakes]
Sheryl Attig filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered left shoulder injuries caused by the Tetanus, Diphtheria, and Pertussis (Tdap) vaccine she received on July 14, 2016. The respondent conceded that her claim met the Table criteria for Shoulder Injury Related to Vaccine Administration (SIRVA) and that she was entitled to compensation.
A Ruling on Entitlement was issued on May 10, 2018, finding her entitled to compensation. Subsequently, on April 16, 2019, a Decision Awarding Damages was issued.
The court awarded Sheryl Attig a total of $76,386.97, which included $75,000.00 for actual pain and suffering and $1,386.97 for past unreimbursable medical expenses. No award was made for future pain and suffering, future medical expenses, or past or future lost wages, as the court found insufficient evidence to support these claims, noting that while the petitioner's affidavits suggested ongoing pain, the medical records indicated significant improvement and recovery within approximately 15 months of the vaccination.
Source PDFs
USCOURTS-cofc-1_17-vv-01029