Alma Nelson v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Alma Nelson filed a petition for compensation under the National Vaccine Injury Compensation Program on December 30, 2019. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of a Tetanus-diphtheria-acellular pertussis (Tdap) vaccine she received on August 23, 2017, and that she experienced residual effects of this injury for more than six months.
The respondent denied that Ms. Nelson sustained a SIRVA, that the vaccine caused her alleged shoulder injury or any other injury, and that her current condition was a sequelae of a vaccine-related injury.
Despite these denials, the parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H.
Corcoran adopted the stipulation, awarding Alma Nelson a lump sum of $82,000.00 as compensation for all damages. The Tdap vaccine is listed on the Vaccine Injury Table, and the case proceeded as a Table claim.
Petitioner was represented by Richard Gage of Richard Gage, P.C. Respondent was represented by Christine Mary Becer of the U.S.
Department of Justice.
Theory of causation
Petitioner Alma Nelson received a Tetanus-diphtheria-acellular pertussis (Tdap) vaccine on August 23, 2017. She alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) and residual effects lasting more than six months. The Tdap vaccine is listed on the Vaccine Injury Table. Respondent denied the alleged SIRVA and causation. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $82,000.00 to Petitioner. Petitioner was represented by Richard Gage, P.C., and Respondent was represented by the U.S. Department of Justice, with Christine Mary Becer as trial attorney. The decision date was March 3, 2022.
Source PDFs
USCOURTS-cofc-1_19-vv-01993