Jodi Manis v. HHS - tetanus, injection related shoulder injury, brachial neuritis (2016)

Filed 2013-09-25Decided 2016-08-19Vaccine tetanus
compensated

Case summary [AI summaries can sometimes make mistakes]

Jodi Manis filed a petition on September 25, 2013, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that a tetanus vaccination received on October 5, 2010, resulted in an injection-related shoulder injury and brachial neuritis.

The respondent, the Secretary of Health and Human Services, filed a report on March 4, 2014, conceding that the petitioner was entitled to compensation. The respondent agreed that the petitioner's condition was consistent with brachial neuritis and that the shoulder injury was related to the tetanus vaccination administered on October 5, 2010.

The respondent further stated that the petitioner met the statutory requirements, including suffering the condition for more than six months, thus satisfying all legal prerequisites for compensation under the Act. Special Master Nora Beth Dorsey reviewed the record and, in light of the respondent's concession, issued a ruling on entitlement on March 5, 2014, finding the petitioner entitled to compensation.

The case was then directed to proceed to the damages phase. The public staging text for this case contains only the entitlement ruling; the damages decision establishing the compensation amount is not available in the public staging text.

Theory of causation

Petitioner Jodi Manis received a tetanus vaccination on October 5, 2010. She subsequently developed brachial neuritis and an injection-related shoulder injury. The respondent conceded that the petitioner's injury was consistent with brachial neuritis and related to the tetanus vaccination, and that she met the statutory requirements for compensation. Special Master Nora Beth Dorsey ruled on entitlement on March 5, 2014, finding the petitioner entitled to compensation. The damages decision is not available in the public staging text. Attorneys for petitioner were Ronald Homer of Conway, Homer & Chin-Caplan, P.C. Attorneys for respondent were Michael Milmoe of the U.S. Department of Justice.

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