Elaine Vasilopoulos v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
On January 3, 2020, Elaine Vasilopoulos filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on August 22, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 7, 2021, conceding that Ms.
Vasilopoulos's claim met the Table criteria for SIRVA and that she was entitled to compensation. Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on June 15, 2021, finding Ms. Vasilopoulos entitled to compensation.
Subsequently, on February 14, 2022, the respondent filed a proffer on an award of compensation, which Ms. Vasilopoulos agreed to.
On March 16, 2022, Chief Special Master Corcoran issued a decision awarding Ms. Vasilopoulos a lump sum payment of $79,145.75.
This award included $75,000.00 for pain and suffering and $4,145.75 for past unreimbursable expenses, representing compensation for all damages available under the program. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.
Durant, PLLC, and respondent was represented by Catherine Elizabeth Stolar of the U.S. Department of Justice.
Theory of causation
Petitioner Elaine Vasilopoulos filed a petition on January 3, 2020, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on August 22, 2018. The respondent conceded that the claim met the Table criteria for SIRVA. A Ruling on Entitlement was issued on June 15, 2021, finding petitioner entitled to compensation. A Damages Decision Based on Proffer was issued on March 16, 2022, awarding petitioner a lump sum of $79,145.75, consisting of $75,000.00 for pain and suffering and $4,145.75 for past unreimbursable expenses. The public decision does not detail the specific mechanism of injury, medical experts, or clinical findings beyond the diagnosis of SIRVA. Petitioner was represented by Leah VaSahnja Durant and respondent by Catherine Elizabeth Stolar. Chief Special Master Brian H. Corcoran presided over the entitlement ruling and the damages decision.
Source PDFs
USCOURTS-cofc-1_20-vv-00006