Krystyn Snyder v. HHS - Tdap, Brachial Neuritis (2015)
Case summary [AI summaries can sometimes make mistakes]
Krystyn Snyder filed a petition on November 10, 2014, alleging that she developed Brachial Neuritis (BN) as a result of receiving a Tetanus-diptheria-acellular-pertussis (Tdap) vaccine on December 22, 2012. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on November 7, 2014, conceding that petitioner was entitled to compensation.
The respondent concluded that Brachial Neuritis is a Table injury for tetanus-containing vaccines and that the petitioner's medical records and symptom onset were consistent with BN and fell within the Table's timeframe for a presumed vaccine injury. The respondent also agreed that the petitioner's symptoms and EMG study results were consistent with BN, and that treating neurologists believed the BN was most likely caused by the Tdap vaccination.
Based on the respondent's concession and the evidence, Special Master Thomas L. Gowen found Krystyn Snyder entitled to compensation in a ruling issued on November 10, 2014.
Subsequently, on November 7, 2014, the respondent filed a Proffer on award of compensation, indicating that the petitioner agreed to a compensation amount. Petitioner's counsel confirmed this agreement.
In a decision on damages issued on November 10, 2014, Special Master Gowen awarded Krystyn Snyder a lump sum payment of $80,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On March 4, 2015, the parties filed a joint stipulation for attorneys' fees and costs.
Petitioner requested a total award of $11,500.00 for attorneys' fees and costs, which the respondent did not object to. In a decision on attorneys' fees and costs issued on March 26, 2015, Special Master Gowen granted the request, ordering a check jointly payable to Krystyn Snyder and her attorney, Jeffrey A.
Golvash, of Brennan, Robins & Daley, P.C., in the amount of $11,500.00.
Theory of causation
Krystyn Snyder received a Tdap vaccine on December 22, 2012, and subsequently developed Brachial Neuritis (BN). The respondent conceded that BN is a Table injury for tetanus-containing vaccines and that the petitioner's condition met the criteria for a Table injury. The respondent agreed that the onset of petitioner's pain fell within the Table's timeframe and that her symptoms and EMG study results were consistent with BN, with treating neurologists believing the Tdap vaccination was the likely cause. The public decision does not describe the specific mechanism of causation or name any experts. Krystyn Snyder was awarded $80,000.00 in damages, and $11,500.00 for attorneys' fees and costs. Special Master Thomas L. Gowen issued the entitlement ruling on November 10, 2014, the damages decision on November 10, 2014, and the fees decision on March 26, 2015. Petitioner was represented by Jeffrey A. Golvash of Brennan, Robins & Daley, P.C., and respondent was represented by Glenn A. MacLeod of the U.S. Department of Justice.