Razene Lewis v. HHS - tetanus-diphtheria-acellular pertussis, brachial neuritis (2018)

Razene Lewis filed a petition on October 24, 2014, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccine she received on October 24, 2012, caused her to develop brachial neuritis. The Secretary of Health and Human Services initially argued that Ms.

Lewis did not meet the criteria for a Table claim because her shoulder pain began either the same day or the next day after vaccination. However, the court found that Ms.

Lewis's shoulder pain began approximately six days after the vaccination, on October 30, 2012. This onset timing satisfied the Vaccine Injury Table criteria for brachial neuritis, which can develop within 2-28 days after a tetanus vaccine.

The Secretary conceded that Ms. Lewis suffered from brachial neuritis, that her symptoms lasted longer than six months, and did not identify any unrelated cause.

Consequently, the court granted entitlement to compensation. Following the entitlement ruling, the parties negotiated a damages award.

On August 20, 2018, the court awarded Ms. Lewis a total of $1,861,209.52.

This amount included $215,696.21 for first-year life care expenses, $1,612,179.00 for lost earnings, and $33,334.31 for past unreimbursable expenses. Additionally, an annuity was to be purchased to cover future life care expenses as outlined in a joint life care plan.