Barbara Sweat v. HHS - Tdap, brachial plexus neuritis (2016)
Case summary [AI summaries can sometimes make mistakes]
On April 15, 2015, Barbara Sweat filed a petition on behalf of her minor child, S.S., seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that S.S. developed brachial plexus neuritis, also known as Parsonage-Turner syndrome, as a result of receiving tetanus-diphtheria-acellular pertussis (Tdap) and hepatitis A vaccinations on August 8, 2012, and experienced residual effects for more than six months.
The respondent denied that the vaccines caused S.S.'s injury or condition. However, both parties agreed to settle the case through a stipulation filed on April 13, 2015.
Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision.
The initial stipulation awarded S.S. a lump sum of $50,000.00 for all damages, payable to Petitioner as guardian/conservator of S.S.'s estate. This amount represented compensation for all damages available under 42 U.S.C. § 300aa-15(a).
On May 14, 2015, the parties filed a joint stipulation regarding attorney's fees and costs, agreeing that Petitioner should receive a total of $8,984.83. Of this amount, $8,946.76 was for attorneys' fees and costs for the Disparti Law Group, PA, and $38.07 was for out-of-pocket costs incurred by Petitioner.
Special Master Corcoran approved this amount as reasonable in a decision dated August 26, 2015. Judgment was entered on June 19, 2015.
Subsequently, on June 16, 2016, Petitioner sought relief from the fees judgment, requesting supplemental fees and costs related to the establishment of guardianship, which was contemplated in the original damages stipulation. Petitioner requested an additional $1,903.00 for these fees and costs.
The respondent stated no objection to this supplemental request. Special Master Corcoran found that Petitioner had established a basis for revising the Fees Judgment under RCFC 60(b)(1) due to mistake or inadvertence in not including these costs in the original application.
He granted the motion, awarding an additional $1,903.00 in attorney's fees and costs, payable jointly to Petitioner and Petitioner's counsel. The total compensation awarded to S.S. was $56,803.00 ($50,000.00 for damages plus $8,984.83 and $1,903.00 for fees and costs).
Petitioner's counsel was Lawrence Disparti of Disparti Law Group, PA. Respondent's counsel was Amy Kokot of the U.S.
Department of Justice. Special Master Brian H.
Corcoran presided over the case.
Theory of causation
Petitioner alleged that S.S. developed brachial plexus neuritis (Parsonage-Turner syndrome) as a result of receiving Tdap and hepatitis A vaccinations on August 8, 2012. The respondent denied causation. The parties settled the case via stipulation, agreeing to an award of $50,000.00 for damages, $8,946.76 for attorney's fees and costs for Disparti Law Group, PA, $38.07 for Petitioner's out-of-pocket costs, and an additional $1,903.00 for guardianship-related fees and costs. The total award was $56,803.00. Special Master Brian H. Corcoran approved the stipulations. The specific medical mechanism or expert testimony regarding causation was not detailed in the provided public decisions, as the case was resolved by stipulation. The theory of causation is based on the petitioner's allegation, which was not litigated to a decision on the merits.