Joseph J. Kraus v. HHS - Tdap, brachial neuritis (2015)

Joseph J. Kraus filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered brachial neuritis as a result of a Tdap vaccination he received on August 25, 2011.

The respondent, the Secretary of Health and Human Services, conceded that Mr. Kraus was entitled to compensation.

The respondent agreed that the facts supported a finding that Mr. Kraus suffered the Vaccine Table Injury of brachial neuritis within 2 to 28 days of receiving the Tdap vaccine, that his injury lasted for more than 6 months, and that it was not caused by a factor unrelated to the vaccine.

Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Mr. Kraus entitled to compensation.

Subsequently, the parties reached a proffer on the award of compensation. The respondent detailed compensation in the amount of $225,000.00 for actual and projected pain and suffering and $2,019.76 for past unreimbursable expenses, for a total of $227,019.76.

The proffer also included an award of attorneys' fees and costs in the amount of $8,905.08. The Chief Special Master awarded Mr.

Kraus a total payment of $236,099.84, consisting of a lump sum of $227,194.76 payable to him and a lump sum of $8,905.08 payable jointly to him and his counsel.