Marlon Sporer v. HHS - Tetanus Toxoid, right arm injury and sterile abscess (2015)

Marlon Sporer filed a petition for compensation under the National Vaccine Injury Compensation Program on September 4, 2014, alleging injury from a Tetanus Toxoid (TT) vaccine received on April 6, 2009. He claimed either anaphylaxis as a Table injury or, alternatively, an injury caused-in-fact by the vaccine.

The respondent conceded that Mr. Sporer suffered a right arm injury and a sterile abscess caused-in-fact by the TT vaccination.

Based on this concession and a review of the record, the Special Master issued a Ruling on Entitlement on September 4, 2014, finding Mr. Sporer entitled to compensation.

Subsequently, on February 23, 2015, the parties filed a Proffer on award of compensation. The respondent agreed to an award of $80,000 to Mr.

Sporer and $76,419.83 to satisfy a Medicaid lien with the New York City Human Resources Administration. Mr.

Sporer agreed to these amounts, and the Special Master issued a Decision on Damages awarding a total of $156,419.83. Later, on March 10, 2015, the parties filed a Stipulation for attorneys' fees and costs.

The Special Master found the petition was brought in good faith with a reasonable basis and awarded $16,416.12 for attorneys' fees and costs, payable jointly to Mr. Sporer and his attorney.

The total compensation awarded in this case was $172,836.00.