Teela Buscarini Wyman v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Teela Buscarini Wyman filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021. Ms.
Wyman alleged that she developed a shoulder injury related to vaccine administration (SIRVA) after receiving the pneumococcal conjugate (Prevnar 13) and tetanus, diphtheria, and acellular-pertussis (Tdap) vaccines on July 9, 2020. The respondent, the Secretary of Health and Human Services, denied that the immunizations caused petitioner's injury.
The parties, however, reached a settlement agreement. On May 17, 2023, they filed a joint stipulation agreeing to settle the case.
The respondent agreed to issue a lump sum payment of $50,000.00, payable to Ms. Wyman, as compensation for all damages available under the program.
Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation in the agreed-upon amount. Judgment was to be entered accordingly.
Edward Kraus represented the petitioner, and Catherine Stolar represented the respondent.
Theory of causation
Petitioner Teela Buscarini Wyman alleged a shoulder injury related to vaccine administration (SIRVA) following receipt of Prevnar 13 and Tdap vaccines on July 9, 2020. The respondent denied causation. The parties stipulated to a settlement. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, diagnostic tests, or treatments. The settlement resulted in a $50,000.00 lump sum award to the petitioner. Special Master Mindy Michaels Roth issued the decision on May 17, 2023, adopting the stipulation. Petitioner's counsel was Edward Kraus, and respondent's counsel was Catherine Stolar.
Source PDFs
USCOURTS-cofc-1_21-vv-00553