Robert Rotterman v. HHS - Tdap, transverse myelitis (2014)

Robert Rotterman filed a petition on October 10, 2013, alleging that a Tetanus, Diphtheria, acellular Pertussis (Tdap) vaccination administered on April 17, 2012, caused him to develop transverse myelitis (TM). The respondent, the Secretary of Health and Human Services, denied that the vaccination caused Mr.

Rotterman's injury. Despite their differing positions, both parties entered into a joint stipulation on May 28, 2014, to settle the case.

Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Under the terms of the stipulation, Mr.

Rotterman was awarded a lump sum of $90,000.00, intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a). Separately, attorneys' fees and costs totaling $16,752.94 were awarded.

The decision regarding fees and costs was issued on August 20, 2014, following a stipulation filed on July 29, 2014. Special Master Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis, making the award appropriate under 42 U.S.C. § 300aa-15(b) and (e)(1).

The award for fees and costs was made payable jointly to Petitioner and his counsel, Isaiah Kalinowski of Maglio, Christopher & Toale, PA, and was to be forwarded to their main office. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the precise mechanism of causation.