Michael Berglund v. HHS - tetanus, brachial neuritis (2014)

Michael Berglund filed a petition on October 29, 2014, alleging that he received a tetanus vaccination on July 13, 2011, and subsequently suffered from brachial neuritis. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on February 6, 2014, conceding that the petitioner suffered a Table injury of brachial neuritis and recommended compensation.

The parties subsequently filed a proffer on the award of compensation. Special Master Laura D.

Millman reviewed the proffer and found its terms to be reasonable. The court awarded Michael Berglund a lump sum payment of $109,217.59.

This amount represents the discounted present value of his projected lost earnings ($8,112.59), pain and suffering ($100,000.00), and past unreimbursable expenses ($1,105.00). The award was to be paid via check to the petitioner.

A separate decision addressed attorneys' fees and costs. Petitioner filed an application for attorneys' fees and costs on November 14, 2014.

Following discussions where the respondent raised objections, the petitioner amended his application. On December 1, 2014, the parties filed a stipulation of fact agreeing on the amounts.

Special Master Millman awarded $18,000.00 for attorneys' fees and costs, to be paid via check jointly to the petitioner and his counsel, Paul S. Dannenberg.

Additionally, $400.00 was awarded for petitioner's personal costs, to be paid via check to Michael Berglund. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury.

Petitioner was represented by Paul S. Dannenberg, and respondent was represented by Lisa A.

Watts.