Kelly Wasko v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Filed 2022-11-30Decided 2024-09-26Vaccine Tdap
compensated$32,000

Case summary [AI summaries can sometimes make mistakes]

Kelly Wasko filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from a Tdap vaccine received on February 19, 2020. She stated the vaccine was administered in the United States, she experienced residual effects for more than six months, and had no prior award or settlement for this condition.

Respondent denied that Ms. Wasko sustained a SIRVA, that the vaccine caused her injury, or that her condition was a sequelae of a vaccine-related injury.

Despite these differing positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation as its decision.

Ms. Wasko was awarded a lump sum of $32,000.00, representing compensation for all items of damages available under the program.

This amount covers her alleged SIRVA, which is a condition listed on the Vaccine Injury Table. The stipulation also addressed future proceedings for attorneys' fees and costs.

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