Regis McDonough v. HHS - Tdap, sensory neuropathy (2014)

Filed 2012-09-20Decided 2014-07-10Vaccine Tdap
compensated$23,641

Case summary [AI summaries can sometimes make mistakes]

Regis McDonough filed a petition on September 20, 2012, alleging that a Tetanus-Diphtheria-acellular Pertussis (TDaP) vaccine, which is contained in the Vaccine Injury Table, and which he received on September 8, 2011, caused him to develop sensory neuropathy, with residual effects lasting more than six months. Respondent denied that the Tdap vaccine caused petitioner's sensory neuropathy.

Nonetheless, both parties agreed in a joint stipulation filed June 9, 2014 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court, awarding compensation on the terms set forth therein.

In the same decision, Special Master Moran also resolved attorneys' fees and costs, awarding $14,291.51 in fees and costs for petitioner's counsel, plus $350.00 to reimburse petitioner's out-of-pocket litigation expenses, for a total of $14,641.51.

Theory of causation

TDaP Sep 8, 2011 → sensory neuropathy (Table vaccine). Joint stipulation Jun 9, 2014; respondent denied causation; SM Moran. Fees $14,641.51 ($14,291.51 + $350 personal) (Golvash, Brennan Robins & Daley, Pittsburgh PA). Comp amount in blank Appendix pages in staging; award unverified from staging.

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