David Fairchild v. HHS - Td/Tetanus, bilateral brachial neuritis (2019)

David Fairchild filed a petition on July 18, 2013, alleging that a tetanus vaccination he received on February 29, 2012 caused him to develop bilateral brachial plexus neuritis with partial diaphragm paralysis. On October 30, 2013, respondent filed a Rule 4(c) Report conceding that petitioner had demonstrated a Table Injury of brachial neuritis and was entitled to compensation.

The case proceeded to a protracted damages phase spanning more than six years. The parties reached agreement on all damages components except loss of future earnings.

In April 2017, Special Master Corcoran denied petitioner's request for future lost earnings, and the Court of Federal Claims subsequently remanded the matter in December 2017 in light of new long-term disability evidence petitioner had submitted. In December 2017, Special Master Corcoran granted petitioner an interim damages award of $319,001.36, plus an amount sufficient to purchase an annuity contract for future life care expenses.

The Court of Federal Claims denied respondent's motion for review of the interim award in May 2018. Special Master Corcoran issued the final Decision Awarding Damages on September 20, 2019, awarding petitioner an additional $1,220,972.00 as a lump sum for future loss of earnings.

Petitioner's total lump sum compensation thus consisted of $319,001.36 (interim) and $1,220,972.00 (future earnings), plus an annuity for future life care years. Petitioner was also awarded $36,000.00 in interim attorneys' fees and costs.