Dulce Concepcion Muller-Carillo v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Dulce Concepcion Muller-Carillo filed a petition for compensation under the National Vaccine Injury Compensation Program on January 31, 2019, alleging she suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her Tdap vaccine received on August 2, 2017. The respondent conceded that the petitioner's injury was consistent with SIRVA and was caused-in-fact by the Tdap vaccine, with no other identified causes.
The respondent also noted that the petitioner had suffered the sequelae of her injury for more than six months, meeting the statutory requirements for entitlement. A ruling on entitlement was issued on February 4, 2020, finding the petitioner entitled to compensation.
Subsequently, on May 15, 2020, the respondent proffered an award of compensation. The decision dated June 15, 2020, awarded the petitioner a lump sum payment of $160,000.00 for pain and suffering, and an additional $2,187.09 to satisfy a State of California Medicaid lien, for a total award of $162,187.09.
The petitioner was noted to be a competent adult.
Source PDFs
USCOURTS-cofc-1_19-vv-00183