Yolanda Rosebraugh v. HHS - Tdap, brachial neuritis and/or demyelinating polyradiculoneuropathy (2015)

On April 30, 2014, Yolanda Rosebraugh filed a petition on behalf of her minor son, N.R., alleging that he suffered brachial neuritis and/or demyelinating polyradiculoneuropathy as a result of receiving a Tetanus-diphtheria-acellular-pertussis (Tdap) vaccine and a Hepatitis A (Hep A) vaccine on April 30, 2011. The petition stated that N.R. experienced residual effects of these injuries for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the vaccinations caused N.R.'s alleged injuries. However, the parties filed a joint stipulation agreeing to an award of compensation.

Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court.

The award included a lump sum of $40,000.00, payable to Yolanda Rosebraugh as guardian/conservator of N.R.'s estate, for all damages. Additionally, a lump sum of $17,739.00 was awarded for attorneys' fees and costs, payable jointly to petitioner and her attorney, Lesley B.

Harris. This total award amounted to $57,739.00.

The parties also stipulated to an expedited judgment, waiving their right to seek review. Petitioner was represented by Lesley B.

Harris of the Law Office of Lesley Harris, and respondent was represented by Traci R. Patton of the United States Department of Justice.