Brian Charles Jensen v. HHS - Tdap, Demyelinating Sensorimotor Polyneuropathy (2014)

Filed 2013-05-02Decided 2014-04-28Vaccine Tdap
compensated$150,000

Case summary [AI summaries can sometimes make mistakes]

Brian Charles Jensen filed a petition on May 10, 2013, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccination he received on May 17, 2012 caused him to develop demyelinating sensorimotor polyneuropathy and that he experienced the residual effects of this injury for more than six months. Respondent denied that the Tdap vaccine caused petitioner's injury.

Nonetheless, both parties agreed to a joint stipulation filed March 27, 2014 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $150,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $30,780.00, payable jointly to petitioner and his counsel, Sol P.

Ajalat of Ajalat & Ajalat LLP. Petitioner was also reimbursed $2,487.77 for personal out-of-pocket litigation expenses.

Theory of causation

Tdap May 17, 2012 → demyelinating sensorimotor polyneuropathy (residual >6 months). Joint stipulation Mar 27, 2014; SM Moran. Comp $150,000. Fees $30,780 + out-of-pocket $2,487.77 (Ajalat, Ajalat & Ajalat LLP, North Hollywood CA). All DB fields correct.

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