J.T. v. HHS - Tdap, left brachial neuritis (2017)

J.T. filed a petition on September 19, 2012, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on October 1, 2009 caused neurological injury. Respondent's Rule 4(c) Report, filed December 18, 2012, conceded that the Tdap vaccine caused petitioner's left brachial neuritis, a Table injury, and that petitioner was entitled to compensation.

The parties then litigated the calculation of damages, particularly lost earnings. Petitioner, who was 53 years old at vaccination, sought approximately $11 million in lost earnings, including earnings from anticipated future business ventures.

Respondent calculated lost earnings at less than $1 million based on petitioner's actual employment history as a physical therapist and speaker. On September 17, 2015, Special Master Millman ruled in favor of respondent, holding that lost earnings should be calculated based on actual employment history, not speculative future business ventures, with a work-life expectancy extending to age 70.

Petitioner sought interlocutory review of that ruling; CFC Judge Bruggink denied the motion on February 1, 2016, holding that the interim ruling was not a final compensation decision subject to review. On August 10, 2017, respondent filed a proffer for final damages, incorporating Special Master Millman's earlier wage loss ruling.

Special Master Millman found the proffer reasonable. The court awarded a lump sum of $436,467.99 (comprising $71,467.99 for life care expenses, $220,000.00 for pain and suffering, and $145,000.00 for past unreimbursable expenses), plus an annuity for future compensation years, for a total present value of approximately $3,024,363.