Jennifer Estep v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Filed 2020-05-21Decided 2022-03-14Vaccine Tdap
compensated$22,500

Case summary [AI summaries can sometimes make mistakes]

Jennifer Estep filed a petition on May 21, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccination received on October 6, 2018, caused a Shoulder Injury Related to Vaccine Administration (SIRVA) and that she suffered residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused petitioner's alleged SIRVA or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these differing positions, the parties filed a joint stipulation on February 8, 2022, agreeing to settle the case.

Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.

Pursuant to the stipulation, Jennifer Estep was awarded $22,500.00 as a lump sum, payable by check, representing compensation for all damages available under the Vaccine Act. This award was a compromise of the parties' respective positions on liability and damages.

The case was classified as a Table injury claim. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by Ronalda Kosh of the U.S.

Department of Justice.

Theory of causation

Petitioner Jennifer Estep alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccination on October 6, 2018, and that the residual effects lasted more than six months. The respondent denied causation. The parties filed a joint stipulation agreeing to settle the case, with the Special Master adopting the stipulation. The case was classified as a Table injury claim. Petitioner was awarded $22,500.00 as a lump sum. Petitioner was represented by Leigh Finfer, and respondent was represented by Ronalda Kosh. Chief Special Master Brian H. Corcoran issued the decision on March 14, 2022, based on the stipulation filed February 8, 2022.

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