Trennese Howard-Lucas v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Trennese Howard-Lucas filed a petition on June 1, 2023, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that after receiving a Tdap vaccination on January 6, 2022, she suffered a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 24, 2024, conceding that Ms. Howard-Lucas is entitled to compensation.
The respondent stated that the alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that the petitioner satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran found that Ms. Howard-Lucas is entitled to compensation.
The case will proceed to determine the award amount. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.
Durant, PLLC, and Respondent was represented by Elizabeth Andary of the U.S. Department of Justice.
The decision on entitlement was issued on July 26, 2024.
Theory of causation
Petitioner Trennese Howard-Lucas alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on January 6, 2022, with residual effects lasting over six months. The respondent conceded entitlement, stating the injury is consistent with SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites were met. The public text does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 26, 2024, finding Petitioner entitled to compensation. The case is proceeding to determine the award amount. Petitioner counsel was Leah VaSahnja Durant, and Respondent counsel was Elizabeth Andary.
Source PDFs
USCOURTS-cofc-1_23-vv-00804