Margaret J. Constable v. HHS - Tdap, thrombocytopenia purpura (2015)

Margaret J. Constable filed a petition for compensation on October 30, 2014, alleging that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine she received on April 18, 2012, caused her to develop thrombocytopenia purpura or significantly aggravated a pre-existing condition.

She further alleged that she suffered residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her condition or that her current disabilities were sequelae of the injury.

Despite the denial, the parties reached a stipulation to resolve the matter. The court adopted the stipulation and awarded compensation.

This included a lump sum of $31,511.30 to satisfy the State of Oregon Medicaid lien, payable jointly to Ms. Constable and the Oregon Department of Human Services.

Additionally, Ms. Constable received a lump sum of $150,000.00 for all remaining damages.

Subsequently, on May 7, 2015, the parties filed a stipulation for attorneys' fees and costs. The court awarded $31,000.00 for attorneys' fees and costs, payable jointly to Ms.

Constable and her law firm, Rawls, McNelis & Mitchell, P.C. The total compensation awarded in this case was $181,511.30.