Lari Talbert v. HHS - Tdap, debilitating pain, suspension tremor, restricted range of motion, and impingement of her right shoulder and arm (2024)
Case summary [AI summaries can sometimes make mistakes]
On May 17, 2018, Lari Talbert filed a petition under the National Vaccine Injury Compensation Program, later amending it on October 9, 2018. Talbert alleged that the Tdap vaccine she received on October 19, 2016, caused her debilitating pain, suspension tremor, restricted range of motion, and impingement of her right shoulder and arm.
She claimed both a Table injury (SIRVA) and an off-Table, causation-in-fact injury. The respondent, the Secretary of Health and Human Services, argued that Talbert's pre-existing condition from a 2009 work-related fall explained her symptoms and that she failed to meet the criteria for a Table SIRVA claim.
Special Master Herbrina Sanders issued a decision on April 3, 2024, finding that Talbert had not met her legal burden to prove entitlement to compensation. The Special Master determined that Talbert failed to provide preponderant evidence for either a Table SIRVA or an off-Table injury caused by the vaccine.
The petition was dismissed. David A.
Tierney of Rawls Law Group represented the Petitioner, and Zoe Wade from the United States Department of Justice represented the Respondent. The public decision does not detail the specific dollar amount of any award, as the petition was dismissed.
The public decision does not describe the specific mechanism of injury or provide details on any specific diagnostic tests performed beyond those mentioned in the medical records and expert reports.
Experts named in this decision
Source PDFs
USCOURTS-cofc-1_18-vv-00699