Lauren Genshaft v. HHS - Tdap, head injury (2018)
Case summary [AI summaries can sometimes make mistakes]
Lauren Genshaft filed a petition on June 3, 2013, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that a Tetanus-Diphtheria-acellular Pertussis (TDaP) vaccine administered on May 6, 2008, caused her to suffer a head injury, with residual effects lasting more than six months.
The respondent, the Secretary of Health and Human Services, denied that the TDaP vaccine caused Petitioner's alleged head injury, her current condition, or any other injury. Despite the denial, both parties filed a joint stipulation on December 14, 2017, agreeing to settle the case.
Special Master Herbrina Sanders reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $100,000.00, payable by check, which represents compensation for all damages available under 42 U.S.C. § 300aa-15(a).
Petitioner was represented by Steven A. Epstein of the Law Office of Steven A.
Epstein, PLLC, and Respondent was represented by Christine M. Becer of the United States Department of Justice.
Judgment was to be entered in accordance with the terms of the stipulation, as the parties jointly filed notice renouncing the right to seek review.
Theory of causation
Petitioner Lauren Genshaft alleged that a TDaP vaccine administered on May 6, 2008, caused a head injury with residual effects lasting more than six months. Respondent denied causation. The parties entered into a joint stipulation for award on December 14, 2017. Special Master Herbrina Sanders approved the stipulation, finding it reasonable. Petitioner received a lump sum award of $100,000.00, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Steven A. Epstein, and Respondent was represented by Christine M. Becer.
Source PDFs
USCOURTS-cofc-1_13-vv-00370