Calan Seaberg v. HHS - Tdap, transverse myelitis (2016)
Case summary [AI summaries can sometimes make mistakes]
Calan Seaberg, an individual, filed a petition on July 25, 2014, alleging that he developed transverse myelitis as a result of receiving Tetanus, diphtheria, and acellular pertussis (Tdap), Hepatitis A (Hep A), Varicella, and Human Papillomavirus (HPV) vaccines on July 27, 2011. He claimed to have suffered residual effects from this injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the vaccines caused the petitioner's transverse myelitis and its residual effects. Despite this denial, the parties filed a joint stipulation for damages on August 30, 2016, agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Calan Seaberg $152,500.00 as a lump sum, payable by check, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The decision was entered on September 1, 2016. Petitioner's counsel was John R.
Howie, Jr. of Howie Law, P.C. Respondent's counsel was Adriana R.
Teitel of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Calan Seaberg alleged that he developed transverse myelitis as a result of receiving Tdap, Hepatitis A, Varicella, and/or HPV vaccines on July 27, 2011, and suffered residual effects for more than six months. Respondent denied that the vaccines caused the alleged injury. The parties entered into a joint stipulation for damages, agreeing to an award of $152,500.00. This case was decided based on the stipulation, not on a finding of causation or a specific theory of injury. The public decision does not detail the specific mechanism of injury, expert testimony, or whether the condition was listed on the Vaccine Injury Table. The award was a lump sum for all damages. Chief Special Master Nora Beth Dorsey issued the decision on September 1, 2016. Petitioner's counsel was John R. Howie, Jr., and respondent's counsel was Adriana R. Teitel.
Source PDFs
USCOURTS-cofc-1_14-vv-00655