Mona Marie Troup v. HHS - Tdap, brachial neuritis and left arm pain (2014)

Mona Marie Troup filed a petition on March 25, 2013, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that a Tetanus-Diphtheria-Acellular Pertussis (Tdap) vaccination administered on February 8, 2012, caused her to develop brachial neuritis and left arm pain.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 30, 2013, conceding the petitioner's entitlement to compensation. A proffer on damages was submitted by the parties on June 2, 2014.

Special Master Lisa Hamilton-Fieldman adopted this proffer, awarding Mona Marie Troup $77,336.04. This lump sum payment was intended to cover all applicable damages under 42 U.S.C. § 300aa-15(a)(1), (a)(3)(B), and (a)(4).

Petitioner's counsel, Kelly D. Burdette of Burkett & Burdette, subsequently filed a stipulation for attorneys' fees and costs on July 10, 2014.

On September 9, 2014, Special Master Hamilton-Fieldman approved this stipulation, awarding $9,858.81 in attorneys' fees and costs, payable jointly to Mona Marie Troup and Kelly Danielle Burdette. Petitioner had not personally incurred any out-of-pocket litigation expenses.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The respondent was represented by Melonie J.

McCall and Voris Edward Johnson, Jr. of the U.S. Department of Justice.