Karla Strand v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Karla Strand filed a petition for compensation under the National Vaccine Injury Compensation Program on March 11, 2019, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccination on February 14, 2018. She further alleged that the residual effects of this injury lasted for more than six months.
The respondent, the Secretary of Health and Human Services, denied that Ms. Strand sustained a Table SIRVA within the timeframe specified in the Vaccine Injury Table and denied that the Tdap immunization caused or significantly aggravated her alleged shoulder injury or any other injury.
The parties, represented by Leah VaSahnja Durant for the petitioner and Ryan Daniel Pyles for the respondent, subsequently filed a joint stipulation on April 21, 2021, agreeing to settle the case. Chief Special Master Brian H.
Corcoran reviewed and adopted the stipulation as the decision awarding damages. Ms.
Strand was awarded a lump sum of $65,000.00, payable by check to the petitioner, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision directs the clerk of the court to enter judgment in accordance with the stipulation.
The stipulation also noted that attorneys' fees and costs would be addressed in subsequent proceedings.
Theory of causation
Petitioner Karla Strand alleged a left shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on February 14, 2018, with residual effects lasting over six months. Respondent denied a Table SIRVA and that the Tdap vaccine caused or aggravated the injury. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $65,000.00 as a lump sum for all damages under 42 U.S.C. § 300aa-15(a). The stipulation stated that the Tdap vaccine is contained in the Vaccine Injury Table (42 C.F.R. § 100.3(a)). The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. Attorneys for petitioner were Law Offices of Leah V. Durant, PLLC, and for respondent was the U.S. Department of Justice. Decision date: May 24, 2021.
Source PDFs
USCOURTS-cofc-1_19-vv-00362