Amber Quintal v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Amber Quintal filed a petition for compensation under the National Vaccine Injury Compensation Program on September 27, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on April 12, 2010. Initially, the case was handled by Chief Special Master Nora Beth Dorsey, who issued a ruling on entitlement on June 5, 2019.
In that ruling, the respondent conceded that petitioner's medical course was consistent with SIRVA and that she met all legal prerequisites for compensation. Following this entitlement ruling, the parties proceeded to stipulate on damages.
On November 23, 2021, a joint stipulation on damages was filed. Chief Special Master Brian H.
Corcoran reviewed and adopted this stipulation in a decision dated January 6, 2022. The stipulation stated that petitioner received the Tdap vaccine on April 12, 2010, within the United States, and sustained a left shoulder injury related to vaccination administration (SIRVA) within the time period set forth in the Vaccine Injury Table, experiencing residual effects for more than six months.
The stipulation also noted that there was no preponderance of evidence demonstrating the injury was due to an unrelated factor and that there had been no prior award or settlement of a civil action for damages. Based on the stipulation, Chief Special Master Corcoran awarded Amber Quintal a lump sum of $162,500.00, payable by check to the petitioner, as compensation for all damages available under the Vaccine Act.
This amount represents a compromise of the parties' respective positions on damages. The Tdap vaccine is listed on the Vaccine Injury Table, and the petitioner's injury was found to be a Table injury.
Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and the respondent was represented by Adriana Ruth Teitel of the U.S.
Department of Justice.
Theory of causation
Petitioner Amber Quintal received a Tdap vaccine on April 12, 2010, and alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that petitioner's medical course was consistent with SIRVA and that she met all legal prerequisites for compensation. The parties filed a joint stipulation on damages, which was adopted by Chief Special Master Brian H. Corcoran on January 6, 2022. The stipulation stated that petitioner sustained a SIRVA within the time period set forth in the Vaccine Injury Table and experienced residual effects for more than six months, with no evidence of an unrelated cause. The Tdap vaccine is on the Vaccine Injury Table, and the injury was found to be a Table injury. Petitioner was awarded $162,500.00 as compensation for all damages. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Adriana Ruth Teitel.
Source PDFs
USCOURTS-cofc-1_17-vv-01360