Echo Llewellyn v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Echo Llewellyn filed a petition for compensation under the National Vaccine Injury Compensation Program on December 12, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by a tetanus-diphtheria-acellular pertussis (Tdap) vaccination received on September 17, 2016. The petition stated that the vaccine was administered in the United States, that the residual effects of the injury lasted for more than six months, and that there had been no prior award or settlement for this alleged injury.
The respondent, the Secretary of Health and Human Services, denied that petitioner suffered a SIRVA injury or that the Tdap vaccination caused her alleged shoulder injury or any other condition. Despite these positions, the parties filed a joint stipulation on July 26, 2019, agreeing to settle the issues and award compensation.
Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Pursuant to the stipulation, Echo Llewellyn was awarded a lump sum of $85,000.00, payable by check to the petitioner, as compensation for all items of damages.
This award represents a settlement of liability and damages. The petitioner, through her counsel Leah VaSahnja Durant of the Law Offices of Leah V.
Durant, PLLC, released the United States and the Secretary of Health and Human Services from further claims related to this vaccination. Claudia Barnes Gangi of the U.S.
Department of Justice represented the respondent. The decision was issued on October 17, 2019, with the original filing date of July 26, 2019.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by the petitioner, nor does it name any medical experts or detail a specific mechanism of injury beyond the general category of SIRVA.
Theory of causation
Petitioner Echo Llewellyn alleged a shoulder injury related to vaccine administration (SIRVA) following a tetanus-diphtheria-acellular pertussis (Tdap) vaccination on September 17, 2016. The respondent denied causation. The parties reached a settlement via joint stipulation, agreeing to an award of $85,000.00 for all damages. The stipulation stated that the Tdap vaccine is contained in the Vaccine Injury Table (Table) and that petitioner suffered residual effects for more than six months. The public decision does not detail the specific mechanism of injury, medical experts, or evidence presented regarding causation, as the case was resolved by stipulation. Chief Special Master Nora Beth Dorsey approved the stipulation on July 26, 2019, and the decision was issued on October 17, 2019. Petitioner was represented by Leah VaSahnja Durant, and respondent by Claudia Barnes Gangi.
Source PDFs
USCOURTS-cofc-1_17-vv-01934