David Duncan v. HHS - Tdap, brachial neuritis (2016)
Case summary [AI summaries can sometimes make mistakes]
David Duncan filed a petition for compensation under the National Vaccine Injury Compensation Program on July 11, 2014, alleging he suffered pain and weakness in his shoulder and arm following the administration of the tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on October 26, 2012. The respondent conceded that Mr.
Duncan met the statutory requirements for demonstrating an "on-Table" case of brachial neuritis. Following a ruling on entitlement issued by Chief Special Master Denise Kathryn Vowell on October 28, 2014, finding Mr.
Duncan entitled to compensation, the case proceeded to damages. On March 18, 2016, the respondent filed a proffer on award of compensation, proposing an award of $193,000.00.
Mr. Duncan, described as a competent adult, accepted the proffer.
Chief Special Master Nora Beth Dorsey issued a decision on May 13, 2016, awarding Mr. Duncan a lump sum payment of $193,000.00.
The award represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner counsel was Isaiah Kalinowski of Maglio Christopher and Toale, PA.
Respondent counsel was Michael Milmoe of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner David Duncan received a Tdap vaccine on October 26, 2012, and subsequently alleged brachial neuritis. The respondent conceded that the petitioner met the statutory requirements for an "on-Table" injury. Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on October 28, 2014, finding the petitioner entitled to compensation. The case was resolved via a stipulation/proffer on damages. On March 18, 2016, respondent filed a proffer proposing an award of $193,000.00, which petitioner accepted. Chief Special Master Nora Beth Dorsey issued a decision on May 13, 2016, awarding a lump sum of $193,000.00 to petitioner David Duncan. Petitioner counsel was Isaiah Kalinowski, and respondent counsel was Michael Milmoe. The specific mechanism of injury, medical experts, and detailed clinical facts were not described in the provided public text.
Source PDFs
USCOURTS-cofc-1_14-vv-00592