A.O. v. HHS - brachial neuritis, brachial neuritis (2016)
Case summary [AI summaries can sometimes make mistakes]
On August 4, 2014, L.O., as the parent and legal representative of her minor daughter A.O., filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that A.O. suffered left upper extremity pain, weakness, paresthesias, and brachial neuritis as a result of meningitis or varicella vaccinations received on July 15, 2011, or diphtheria, tetanus, and acellular pertussis (DTaP) vaccinations received on August 8, 2011.
A.O. was born on January 28, 1999, making her approximately 12 years old at the time of the alleged vaccine administrations. The respondent denied that the meningitis, varicella, and DTaP vaccines caused A.O.'s brachial neuritis or any other injury.
Despite the respondent's denial, the parties filed a joint stipulation on damages on December 9, 2016. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court.
The parties stipulated that A.O. would receive a lump sum of $125,000.00, payable jointly to petitioner and A.O. on or after January 28, 2017, representing compensation for all items of damages available under the Vaccine Act. Petitioner's counsel was Ramon Rodriguez, III, of Rawls, McNelis and Mitchell, P.C.
Respondent's counsel was Lara Englund, of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation.
Source PDFs
USCOURTS-cofc-1_14-vv-00698