VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01149
Package ID: USCOURTS-cofc-1_14-vv-01149
Petitioner: Andrea Gasaway
Filed: 2016-01-13
Decided: 2016-05-04
Vaccine: Tdap
Vaccination date: 2011-12-01
Condition: brachial neuritis (Parsonage Turner Syndrome)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01149-0
Date issued/filed: 2016-05-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/13/2016) regarding 36 DECISION Stipulation/Proffer, (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-01149-UNJ Document 44 Filed 05/04/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1149V
Filed: January 13, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ANDREA GASAWAY, *
*
Petitioner, * Joint Stipulation on Damages;
* Tetanus, Diphtheria, Acellular Pertussis
* Vaccine (“Tdap”); Brachial Neuritis;
SECRETARY OF HEALTH * Parsonage Turner Syndrome; Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 25, 2015, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act”]. Petitioner alleges that she suffered brachial neuritis (Parsonage Turner
Syndrome) as a result of a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccination
she received on December 1, 2011. Amended Petition at 1; Stipulation, filed 1/13/2016,
¶ 4. Petitioner further alleges that she suffered the residual effects of this injury for
more than six months. Petition at 5; Stipulation¶¶ 2-4. “Respondent denies that the
Tdap vaccine caused petitioner to suffer brachial neuritis or any other injury or her
current condition.” Stipulation, ¶ 6.
Nevertheless, on January 13, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:14-vv-01149-UNJ Document 44 Filed 05/04/16 Page 2 of 7
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
A lump sum of $85,000.00, in the form of a check payable to petitioner.
Stipulation, ¶ 8. This amount represents compensation for all items of damages
that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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