Nicole Previti v. HHS - Tdap, brachial neuritis (2016)
Case summary [AI summaries can sometimes make mistakes]
On September 11, 2014, Nicole Previti filed a Vaccine Program petition after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on April 26, 2012. She alleged that the Tdap vaccination caused brachial neuritis and that residual effects lasted more than six months.
The public decision was entered on a joint stipulation and does not describe onset, diagnostic testing, treatment, or functional limitations in narrative form. It does show that respondent denied that Previti's brachial neuritis and residual effects were caused in fact by the Tdap vaccine, and also denied that the vaccine caused any other injury or her current condition.
The parties filed a joint stipulation on September 12, 2016. Chief Special Master Nora Beth Dorsey adopted it that day.
Previti was awarded a $165,000.00 lump sum, payable to her, representing first-year life care expenses of $21,157.26 and combined lost earnings, pain and suffering, and past unreimbursable expenses of $143,842.74. She was also awarded an amount sufficient to purchase the annuity contract described in the stipulation.
Previti was represented by William E. Cochran, Jr. of Black McLaren Jones Ryland & Griffee, PC.
Theory of causation
Tdap vaccine (April 26, 2012) alleged to cause brachial neuritis with residual effects more than six months. COMPENSATED by joint stipulation. Respondent denied causation-in-fact for brachial neuritis/residual effects and denied any other vaccine-caused injury/current condition; public stipulation contains limited clinical facts. Chief Special Master Nora Beth Dorsey adopted the stipulation on September 12, 2016. Award: $165,000.00 lump sum ($21,157.26 first-year life care + $143,842.74 combined lost earnings/pain and suffering/past unreimbursable expenses) plus amount sufficient to purchase annuity. Attorney: William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, PC, Memphis, TN.
Source PDFs
USCOURTS-cofc-1_14-vv-00843