Ekaterina Kovtun v. HHS - Tdap, debilitating pain, restricted range of motion, and adhesive capsulitis of her left shoulder and arm (2019)
Case summary [AI summaries can sometimes make mistakes]
Ekaterina Kovtun filed a petition for compensation under the National Vaccine Injury Compensation Program on February 27, 2018. She alleged that on November 9, 2016, she received a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine, and subsequently developed debilitating pain, restricted range of motion, and adhesive capsulitis of her left shoulder and arm.
Ms. Kovtun alleged that these injuries were caused in-fact by the Tdap vaccine.
She further stated that she received the vaccination in the United States, suffered residual effects for more than six months, and had not filed a civil action or received compensation for her injury. The case was assigned to the Special Processing Unit.
On February 4, 2019, the respondent filed a Rule 4(c) report conceding that Ms. Kovtun was entitled to compensation.
The respondent assessed that her medical course was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) as defined in the Vaccine Injury Table and that she met all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on February 4, 2019, finding Ms.
Kovtun entitled to compensation. Subsequently, on March 8, 2019, the respondent filed a proffer on the award of compensation, indicating that Ms.
Kovtun should be awarded $57,522.98. This amount represented $57,500.00 for pain and suffering and $22.98 for unreimbursable expenses.
The proffer stated that Ms. Kovtun agreed with the proffered award.
On May 1, 2019, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding Ms. Kovtun a lump sum payment of $57,522.98, payable to her.
The award comprised $57,500.00 for pain and suffering and $22.98 for unreimbursable expenses. Petitioner's counsel was Glen Howard Sturtevant, Jr. of Rawls Law Group, and respondent's counsel was Daniel Anthony Principato of the U.S.
Department of Justice.
Theory of causation
Petitioner Ekaterina Kovtun alleged that a Tdap vaccine administered on November 9, 2016, caused debilitating pain, restricted range of motion, and adhesive capsulitis of her left shoulder and arm, diagnosed as SIRVA. The respondent conceded that petitioner's medical course was consistent with SIRVA as defined in the Vaccine Injury Table and that she met all legal prerequisites for compensation. The case proceeded as a Table injury claim. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. On May 1, 2019, Chief Special Master Nora Beth Dorsey awarded petitioner $57,522.98, consisting of $57,500.00 for pain and suffering and $22.98 for unreimbursable expenses, based on a stipulation between the parties. Petitioner was represented by Glen Howard Sturtevant, Jr., and respondent was represented by Daniel Anthony Principato.
Source PDFs
USCOURTS-cofc-1_18-vv-00296