Kathy Biser v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Kathy Biser filed a petition on December 5, 2017, alleging that the Tetanus-Diphtheria-acellular-pertussis (Tdap) vaccine she received on or about May 25, 2016, caused her to suffer from a shoulder injury related to vaccine administration (SIRVA), with residual effects lasting more than six months. Respondent denied that the vaccine caused the SIRVA or that the injury persisted for more than six months.
The parties filed a joint stipulation agreeing to compensation. Special Master Christian J.
Moran found the stipulation reasonable and adopted it as the decision of the Court. Kathy Biser was awarded a lump sum payment of $54,326.42, payable by check to petitioner, for all damages.
The decision was issued on April 15, 2021. Petitioner was represented by Joseph Vuckovich of Maglio Christopher & Toale, P.A., and Respondent was represented by Emilie Williams of the United States Department of Justice.
The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Kathy Biser alleged that the Tdap vaccine administered on or about May 25, 2016, caused a shoulder injury related to vaccine administration (SIRVA), with residual effects lasting more than six months. Respondent denied causation and duration of injury. The parties entered into a joint stipulation for compensation. The Special Master adopted the stipulation, awarding a lump sum of $54,326.42. The theory of causation falls under the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the stipulation.
Source PDFs
USCOURTS-cofc-1_17-vv-01880