Fetlework Norvell v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2023)

Filed 2020-09-21Decided 2023-05-05Vaccine Tdap
compensated$130,000

Case summary [AI summaries can sometimes make mistakes]

On September 21, 2020, Fetlework Norvell filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tetanus diphtheria acellular pertussis (Tdap) vaccine on March 13, 2018.

Petitioner stated the vaccine was administered in the United States, that she experienced residual effects of her condition for more than six months, and that she had no prior award or settlement for this condition. Respondent denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury.

The parties filed a joint stipulation on April 3, 2023, agreeing to settle the case. The stipulation noted that the Tdap vaccine is on the Vaccine Injury Table and that petitioner alleged SIRVA within the Table's time period.

As part of the stipulation, Chief Special Master Brian H. Corcoran awarded Fetlework Norvell a lump sum of $130,000.00 for all items of damages.

The decision was issued on May 5, 2023. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and Respondent was represented by Zoe Wade of the U.S.

Department of Justice.

Theory of causation

Petitioner Fetlework Norvell received a Tdap vaccine on March 13, 2018. Petitioner alleged a shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied that the vaccine caused the alleged injury or that it was a SIRVA Table injury. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $130,000.00 for all items of damages. The decision was issued on May 5, 2023. Petitioner was represented by Bridget Candace McCullough, and Respondent was represented by Zoe Wade.

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