Andrea Gasaway v. HHS - Tdap, brachial neuritis (Parsonage Turner Syndrome) (2016)
Case summary [AI summaries can sometimes make mistakes]
Andrea Gasaway filed a petition for compensation under the National Vaccine Injury Compensation Program on November 25, 2015, alleging that she suffered brachial neuritis, also known as Parsonage Turner Syndrome, as a result of a tetanus, diphtheria, acellular pertussis (Tdap) vaccination she received on December 1, 2011. She further alleged that she suffered the residual effects of this injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused petitioner's injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on January 13, 2016, stating that a decision should be entered awarding compensation.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Andrea Gasaway was awarded a lump sum of $85,000.00 as compensation for all items of damages available under the Vaccine Act.
The decision was entered on May 4, 2016. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses.
Petitioner was represented by John Robert Howie, Jr. of Howie Law, P.C., and respondent was represented by Althea Walker Davis of the U.S. Department of Justice.
Theory of causation
Petitioner Andrea Gasaway alleged that a Tdap vaccination received on December 1, 2011, caused her to suffer brachial neuritis (Parsonage Turner Syndrome) and its residual effects for more than six months. The respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $85,000.00 as compensation for all damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The case was resolved via stipulation.
Source PDFs
USCOURTS-cofc-1_14-vv-01149