Lynn Gustafson v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Lynn Gustafson filed a petition for compensation on July 2, 2020, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of a tetanus diphtheria acellular pertussis (Tdap) vaccination she received on February 27, 2019. Ms.
Gustafson claimed this was a Table injury and that she experienced residual effects for more than six months. The respondent denied that Ms.
Gustafson sustained a SIRVA Table injury or that the vaccine caused her alleged injury. Despite these denials, the parties filed a joint stipulation on May 5, 2022, agreeing to settle the case.
The stipulation stated that the Tdap vaccine is on the Vaccine Injury Table and that the petitioner received it within the United States. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable. Pursuant to the stipulation, Chief Special Master Corcoran awarded Lynn Gustafson $25,500.00 as compensation for all damages available under the Vaccine Act.
The decision was issued on June 17, 2022. Petitioner was represented by Jessica Olins of Maglio Christopher & Toale, PA, and respondent was represented by Alexa Roggenkamp of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments undertaken by the petitioner.
Theory of causation
Petitioner Lynn Gustafson alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a Tdap vaccination on February 27, 2019, claiming it was a Table injury with residual effects lasting over six months. Respondent denied the SIRVA Table injury and causation. The parties reached a joint stipulation for settlement. The Tdap vaccine is listed on the Vaccine Injury Table. The stipulation was adopted by Chief Special Master Brian H. Corcoran, who awarded petitioner $25,500.00. The stipulation explicitly states it is not an admission of causation by the respondent. Petitioner was represented by Jessica Olins, and respondent by Alexa Roggenkamp. The decision date was June 17, 2022.
Source PDFs
USCOURTS-cofc-1_20-vv-00810