Eric Papenfuss v. HHS - Tdap, brachial neuritis (2015)

Eric Papenfuss filed a petition for compensation under the National Vaccine Injury Compensation Program on July 21, 2015, alleging that he suffered brachial neuritis as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccination. The petition stated that Mr.

Papenfuss experienced residual effects of his injury for more than six months, had filed no other action for this injury, and had received no prior award or settlement. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr.

Papenfuss's brachial neuritis or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury. Despite the denial, the parties reached a joint stipulation to settle the case.

On May 11, 2015, they filed a stipulation agreeing to settle the case and outlining the terms. The respondent agreed to pay Mr.

Papenfuss a lump sum of $65,000.00, payable to him, as compensation for all damages available under the Vaccine Act. Chief Special Master Denise Kathryn Vowell adopted the stipulation and awarded the compensation.

Subsequently, on August 7, 2015, the parties filed a stipulation concerning attorneys' fees and costs. They agreed upon an award of $15,352.85, representing all legal expenses incurred, including fees for legal services and advanced costs.

Petitioner's counsel, Randall Knutson of the Knutson and Casey Law Firm, represented that Mr. Papenfuss incurred no out-of-pocket expenses.

Chief Special Master Vowell found the proposed amount reasonable and awarded $15,352.85 as a lump sum, payable jointly to Mr. Papenfuss and his counsel.

The total compensation awarded to Mr. Papenfuss was $80,352.85 ($65,000.00 for damages and $15,352.85 for fees and costs).