Elisabeth Link v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2020)

Filed 2017-09-22Decided 2020-02-13Vaccine Tdap
compensated$74,000

Case summary [AI summaries can sometimes make mistakes]

Elisabeth Link filed a petition for compensation under the National Vaccine Injury Compensation Program on September 22, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a Tdap vaccine administered on September 21, 2015. Ms.

Link stated the vaccine was administered in the United States and that she suffered residual effects for more than six months, with no prior award or settlement for this injury. The respondent denied that the Tdap vaccine caused her SIRVA or current condition.

The parties, represented by Jessica Olins of Maglio Christopher & Toale, PA for the petitioner and Althea Walker Davis of the U.S. Department of Justice for the respondent, filed a joint stipulation on January 8, 2020.

In this stipulation, they agreed to settle the issues and award compensation. Chief Special Master Brian H.

Corcoran adopted the stipulation as the decision. Ms.

Link was awarded a lump sum of $74,000.00, payable to her, representing compensation for all items of damages. The decision was issued on February 13, 2020.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The stipulation states that the Tdap vaccine is contained in the Vaccine Injury Table.

Theory of causation

Petitioner Elisabeth Link received a Tdap vaccine on September 21, 2015. She alleged a shoulder injury related to vaccine administration (SIRVA) and that residual effects lasted more than six months. The respondent denied causation. The parties filed a joint stipulation agreeing to settle the claim. The Tdap vaccine is listed on the Vaccine Injury Table. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding petitioner $74,000.00 as a lump sum. Petitioner's counsel was Jessica Olins, and respondent's counsel was Althea Walker Davis. The decision date was February 13, 2020. The public text does not detail the specific mechanism of injury or name any experts.

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