Nicole Webb v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Nicole Webb filed a petition for compensation under the National Vaccine Injury Compensation Program on June 26, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her Tdap vaccine received on March 17, 2017. Petitioner stated the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that she had no prior award or settlement.
The respondent denied that petitioner sustained a SIRVA Table injury, denied that the Tdap vaccine caused her alleged shoulder injuries or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on November 7, 2019, agreeing to settle the case and award compensation.
Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.
He awarded Nicole Webb a lump sum of $100,000.00, payable to Petitioner, as compensation for all damages. The decision was based on the joint stipulation and was to be entered as judgment by the clerk of the court.
Petitioner was represented by Edward M. Kraus of the Law Offices of Chicago Kent, and respondent was represented by Debra A.
Filteau Begley of the U.S. Department of Justice.
The decision was issued on December 27, 2019.
Theory of causation
Petitioner Nicole Webb received a Tdap vaccine on March 17, 2017, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result. The respondent denied that the injury was a SIRVA Table injury or that the vaccine caused the injury. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran awarded $100,000.00 as a lump sum for all damages. The decision was based on the joint stipulation, which stated that the parties maintained their positions but agreed to settle. The stipulation explicitly stated it was not an admission by the respondent that petitioner sustained a SIRVA Table injury or that the vaccine caused the injury. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts beyond the alleged SIRVA. The award was made under the National Vaccine Injury Compensation Program, with petitioner represented by Edward M. Kraus and respondent by Debra A. Filteau Begley. The decision date was December 27, 2019.
Source PDFs
USCOURTS-cofc-1_18-vv-00912