Rene Dumas v. HHS - Tdap, lymphangitis and cellulitis (2016)

Rene Dumas filed a petition on April 1, 2014, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that receiving the Tetanus-Diphtheria-acellular Pertussis (Tdap) immunization on November 26, 2012, caused lymphangitis and cellulitis.

The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused the alleged injuries or any other injury or disability. While both parties maintained their positions, they agreed to settle the case.

On June 11, 2015, the parties filed a stipulation regarding attorney's fees and costs, with petitioner requesting reimbursement in the amount of $12,740.07, which the respondent did not object to. Special Master Brian H.

Corcoran approved this amount as reasonable on July 28, 2015, ordering that a check be made payable jointly to Rene Dumas and her counsel, Danielle A. Strait of Maglio Christopher & Toale, PA.

Subsequently, on February 24, 2015, the parties filed a stipulation for damages. Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. The stipulation awarded Rene Dumas a lump sum of $15,000.00 for all damages available under the program, to be paid by check to the petitioner.

This award represents a settlement of the claim. The decision awarding damages was issued on August 25, 2016.

Claudia B. Gangi of the U.S.

Department of Justice represented the respondent.