Stacie Rublein v. HHS - Tdap, finger stiffness, aching fingers, fatigue, itching, serum sickness, and cubital tunnel syndrome (2015)
Case summary [AI summaries can sometimes make mistakes]
On April 7, 2014, Stacie Rublein filed a petition under the National Vaccine Injury Compensation Program, alleging that she suffered finger stiffness, aching fingers, fatigue, itching, serum sickness, and cubital tunnel syndrome as a result of receiving the tetanus-diphtheria-acellular pertussis (Tdap) vaccine. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her conditions.
However, both parties agreed to settle the case through a stipulation filed on August 24, 2015. Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, awarding Petitioner a lump sum of $20,000.00 for all damages. This amount represents compensation for all damages available under 42 U.S.C. § 300aa-15(a).
Subsequently, on September 11, 2015, the parties filed another stipulation regarding attorney's fees and costs. They agreed to an award of $12,645.28, payable jointly to Petitioner and her counsel, Gary A.
Krochmal. Special Master Corcoran approved this award as reasonable and directed judgment to be entered.
The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or the mechanism of causation. Petitioner was represented by Gary Krochmal of the Law Offices of Gary A.
Krochmal, PLLC, and Respondent was represented by Althea Davis of the U.S. Department of Justice.
Theory of causation
Petitioner Stacie Rublein alleged that she suffered finger stiffness, aching fingers, fatigue, itching, serum sickness, and cubital tunnel syndrome as a result of receiving the tetanus-diphtheria-acellular pertussis (Tdap) vaccine. The respondent denied causation. The parties reached a settlement via stipulation, and the Special Master awarded compensation without detailing a specific theory of causation or medical evidence presented. The public decision does not describe the specific vaccine date, Petitioner's age at vaccination, the mechanism of injury, or any expert testimony. The settlement included a $20,000.00 lump sum award for all damages and a separate award of $12,645.28 for attorney's fees and costs, payable jointly to Petitioner and her counsel, Gary A. Krochmal. Special Master Brian H. Corcoran approved the stipulations on August 27, 2015, and October 5, 2015. Petitioner was represented by Gary Krochmal and Respondent by Althea Davis.
Source PDFs
USCOURTS-cofc-1_14-vv-00264