Debra Bub v. HHS - Tdap, allergic reaction that damaged her immune system (2015)

Filed 2014-04-30Decided 2015-11-05Vaccine Tdap
compensated$75,000

Case summary [AI summaries can sometimes make mistakes]

Debra Bub filed a petition on April 30, 2014, under the National Vaccine Injury Compensation Program, alleging that a Tetanus-Diptheria-acellular Pertussis (Tdap) vaccination administered on August 25, 2013, caused her to develop an allergic reaction that damaged her immune system. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Petitioner's alleged allergic reaction, immune-mediated condition, or other injury, or her current disabilities.

Despite this denial, the parties reached a joint stipulation for damages. On July 3, 2015, Special Master Lisa Hamilton-Fieldman issued a decision adopting the stipulation, awarding Debra Bub $75,000.00 as compensation for all damages.

This amount was to be paid as a lump sum via check. The decision noted that the parties had filed a joint stipulation renouncing the right to seek review, expediting the entry of judgment.

Subsequently, on October 13, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Special Master Hamilton-Fieldman issued a decision on November 5, 2015, approving an award of $19,527.42 for attorneys' fees and costs, payable jointly to Ms.

Bub and her counsel, Clifford J. Shoemaker of Shoemaker, Gentry & Knickelbein.

The petition was brought in good faith with a reasonable basis for the claim. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of the alleged injury.

The attorneys involved were Clifford L. Shoemaker for the Petitioner and Claudia Barnes Gangi for the Respondent.

Theory of causation

Petitioner Debra Bub alleged that a Tdap vaccination on August 25, 2013, caused an allergic reaction that damaged her immune system. The respondent denied causation. The parties stipulated to an award of $75,000.00 for all damages, and later stipulated to attorneys' fees and costs of $19,527.42. Special Master Lisa Hamilton-Fieldman approved both stipulations. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was resolved via stipulation.

Source PDFs 2 total · 2 downloaded