Robert M. Curry v. HHS - DTaP, persistent muscular and joint pain and disability (2014)

Filed 2014-04-07Decided 2014-04-28Vaccine DTaP
compensated$130,000

Case summary [AI summaries can sometimes make mistakes]

Robert M. Curry filed a petition on April 7, 2014, alleging that he received a Diphtheria-Tetanus-acellular-Pertussis (DTaP) vaccine on June 14, 2010.

Mr. Curry alleged that he subsequently suffered an allergic autoimmune reaction manifesting as persistent muscular and joint pain and disability, which he claimed was caused by the vaccination.

The respondent, the Secretary of Health and Human Services, denied that the DTaP vaccine caused Mr. Curry's alleged injuries or any other injury or disability.

The parties reached a joint stipulation for damages, which Special Master Nora Beth Dorsey adopted as the decision of the court. The stipulation awarded Mr.

Curry a lump sum of $130,000.00, payable to him, as compensation for all available damages under 42 U.S.C. § 300aa-15(a). The court approved this amount, and judgment was to be entered in accordance with the stipulation, as both parties renounced the right to seek review.

Thomas K. Brown represented the petitioner, and Claudia B.

Gangi represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation.

Theory of causation

Petitioner Robert M. Curry alleged that a DTaP vaccine administered on June 14, 2010, caused an allergic autoimmune reaction manifesting as persistent muscular and joint pain and disability. Respondent denied causation. The parties filed a joint stipulation for damages, which Special Master Nora Beth Dorsey adopted. The stipulation awarded petitioner a lump sum of $130,000.00 for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury. The attorneys involved were Thomas K. Brown for the petitioner and Claudia B. Gangi for the respondent. The decision date was April 28, 2014.

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