Kathleen Clendenning v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Kathleen Clendenning filed a petition for compensation on December 15, 2020, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on October 1, 2019. Petitioner alleged that the injury met the Table SIRVA definition and that she experienced residual effects for more than six months post-vaccination.
The petition stated that the vaccine was administered in the United States and that no civil action had been filed or compensation received for the alleged injury. The respondent, the Secretary of Health and Human Services, 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 subsequently filed a joint stipulation on August 1, 2022, agreeing to settle the case. Chief Special Master Brian H.
Corcoran adopted the stipulation as the decision awarding damages. Petitioner was awarded a lump sum of $40,000.00, payable to Petitioner, for all items of damages available under Section 15(a) of the National Vaccine Injury Compensation Program.
The decision was entered on September 2, 2022. Petitioner was represented by Maximillian J.
Muller of Muller Brazil, LLP, and the respondent was represented by Zoe Wade of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by the petitioner, nor does it name any medical experts.
Theory of causation
Petitioner Kathleen Clendenning alleged a shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on October 1, 2019, alleging it met the Table SIRVA definition and had residual effects for more than six months. The respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $40,000.00 as a lump sum for all damages under 42 U.S.C. § 300aa-15(a). The stipulation does not admit that the Tdap vaccine caused the alleged injury or that the injury was contained in the Vaccine Injury Table. No specific medical experts or detailed causation mechanism were presented in the public text. Petitioner was represented by Muller Brazil, LLP, and Respondent by the U.S. Department of Justice. Decision date: September 2, 2022.
Source PDFs
USCOURTS-cofc-1_20-vv-01865