Kathleen Rosa v. HHS - Tdap, brachial neuritis (2014)
Case summary [AI summaries can sometimes make mistakes]
Kathleen Rosa filed a petition on September 13, 2013, alleging that a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccine administered on September 14, 2010, caused her to develop brachial neuritis. The respondent, the Secretary of Health and Human Services, agreed that the petitioner should be awarded compensation.
Special Master Lisa Hamilton-Fieldman adopted a proffer filed on August 27, 2014, as the decision of the Court. The decision awarded Kathleen Rosa a lump sum payment of $100,000.00.
This amount was designated as compensation for pain and suffering ($85,404.00) and past unreimbursable expenses ($14,596.00), as available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by James R.
Kneisler, Jr. of the Law Offices of James R. Kneisler, Jr.
Respondent was represented by Claudia B. Gangi of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received by the petitioner.
The specific mechanism of causation was not detailed in the public decision, as the parties reached a stipulation.
Theory of causation
Petitioner Kathleen Rosa alleged that a Tdap vaccine administered on September 14, 2010, caused brachial neuritis. The respondent agreed to compensation via a proffer filed on August 27, 2014. Special Master Hamilton-Fieldman adopted this proffer as the decision. The award totaled $100,000.00, comprising $85,404.00 for pain and suffering and $14,596.00 for past unreimbursable expenses, pursuant to 42 U.S.C. § 300aa-15(a). Petitioner's counsel was James R. Kneisler, Jr.; respondent's counsel was Claudia B. Gangi. The public decision does not detail the specific medical mechanism or expert testimony regarding causation, as the case was resolved by stipulation.
Source PDFs
USCOURTS-cofc-1_13-vv-00685