Brandene Laporte v. HHS - Tdap, transverse myelitis (2016)
Case summary [AI summaries can sometimes make mistakes]
On April 26, 2016, Brandene Laporte filed a petition alleging that she developed transverse myelitis (TM) as a result of receiving a tetanus, diphtheria, acellular pertussis (Tdap) vaccine on March 5, 2012. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Ms.
Laporte's TM or any other injury. The parties subsequently reached a stipulation to resolve the case.
Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable.
The court adopted the stipulation and awarded Brandene Laporte $140,000.00 in damages, representing reimbursement for all available damages under 42 U.S.C. § 300aa-15(a). The award was to be paid as a lump sum check to the petitioner.
Petitioner was represented by Maximillian J. Muller, and respondent was represented by Justine E.
Walters. The decision was dated April 27, 2016.
Theory of causation
Petitioner Brandene Laporte alleged that her transverse myelitis (TM) was caused by the tetanus, diphtheria, acellular pertussis (Tdap) vaccine she received on March 5, 2012. Respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation. The public decision does not describe the specific theory of causation, any medical experts, or the mechanism of injury. The case resulted in a compensated outcome with an award of $140,000.00 paid as a lump sum. The decision was issued by Special Master Laura D. Millman on April 27, 2016. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Justine E. Walters.
Source PDFs
USCOURTS-cofc-1_15-vv-00221