Gail Linville v. HHS - Tdap, shoulder pain (2022)

Gail Linville filed a petition on March 23, 2018, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered shoulder pain caused by her Tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine.

Ms. Linville further stated that she experienced residual effects from the condition for more than six months, that no prior award or settlement had been made for her condition, and that her vaccine was administered in the United States.

The Secretary of Health and Human Services, the respondent, denied that the Tdap vaccine caused Ms. Linville's alleged shoulder pain or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury.

Despite the respondent's denial of causation, the parties filed a joint stipulation for damages on August 23, 2022. Special Master Daniel T.

Horner reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Ms.

Linville was awarded a lump sum of $56,250.00, payable to her, as compensation for all items of damages. This award represents a settlement of the claim.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Mitchell Jones of the U.S.

Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert testimony.