Amber Roberts v. HHS - Tdap, transverse myelitis (2013)
Case summary [AI summaries can sometimes make mistakes]
On July 1, 2009, Amber Roberts, through her attorney Thomas K. Herren, filed a petition in the National Vaccine Injury Compensation Program, alleging that she developed transverse myelitis as a result of receiving a tetanus-diptheria-acellular pertussis (Tdap) vaccine.
Special Master Gary Zane issued a Ruling on Entitlement on August 29, 2013, finding that Amber was entitled to compensation. The case was subsequently reassigned to Special Master Nora Beth Dorsey and then to Special Master Brian Corcoran.
On October 1, 2014, Special Master Corcoran issued a decision awarding damages based on a proffer submitted by the respondent. The public decision does not describe the specific date of vaccination or the exact age of Amber Roberts at the time of vaccination, other than it was approximately age eleven.
Transverse myelitis is a condition recognized as a potential vaccine-related injury, and its occurrence following Tdap vaccination falls within recognized patterns of vaccine-related neuroinflammatory injury. Amber's injuries were severe and permanent, requiring her to use a wheelchair and manage urological dysfunction.
Her life care plan included home health aide services, a functional electrical stimulation (FES) bicycle, a wheelchair-accessible van, and various medications including Abilify, Celebrex, Neurontin, Oxycodone, and Zoloft. Special Master Corcoran determined the damages award, which included a lump sum payment of $1,075,075.87 for lost future earnings ($820,286.73), pain and suffering ($250,000.00), and past unreimbursable expenses ($4,789.14).
An additional lump sum of $478,905.74 was awarded for first-year life care expenses ($204,750.74) and trust seed funds ($274,155.00) for a U.S. Grantor Reversionary Trust.
Payments were also made to satisfy a Kentucky Medicaid lien ($15,553.11) and a WellCare Medicaid lien ($3,101.91). A life-contingent annuity was established to cover future life care expenses, with annual amounts increasing at 4% for non-medical items and 5% for medical items, compounded annually.
On February 25, 2015, Special Master Corcoran issued a separate decision approving a stipulation for attorney's fees and costs, awarding a lump sum of $56,000.00, payable jointly to Amber Roberts and her counsel, Thomas K. Herren.
Theory of causation
Petitioner Amber Roberts alleged that the Tdap vaccine, administered at approximately age eleven, caused her to develop transverse myelitis. The public decision notes that transverse myelitis following Tdap vaccination is a recognized vaccine-related neuroinflammatory injury pattern. Special Master Gary Zane found entitlement on August 29, 2013. Damages were determined by Special Master Brian Corcoran on October 1, 2014, based on a proffer. The award included $1,075,075.87 for lost earnings, pain and suffering, and past expenses, plus $478,905.74 for first-year life care expenses and trust seed funds, and satisfaction of Medicaid liens totaling $18,655.02. A life-contingent annuity was also established for future life care expenses. Attorney's fees of $56,000.00 were awarded on February 25, 2015. The public decision does not detail specific medical experts, the mechanism of injury, or the exact vaccination date, but notes the injury occurred on or about July 1, 2006.