Robert VanOsdol v. HHS - Tdap, brachial neuritis (2015)
Case summary [AI summaries can sometimes make mistakes]
Robert VanOsdol filed a petition for compensation under the National Vaccine Injury Compensation Program on March 25, 2015, alleging he suffered brachial neuritis after receiving a Tetanus, diphtheria and acellular pertussis (Tdap) vaccine on April 13, 2012. The case was assigned to the Special Processing Unit.
On June 22, 2015, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement. The respondent, the Secretary of Health and Human Services, conceded that Mr.
VanOsdol was entitled to compensation, stating that medical personnel had reviewed the petition and supporting documentation and concluded that Mr. VanOsdol suffered a Table brachial neuritis.
The respondent further stated that there was no preponderance of evidence that the condition was due to factors unrelated to the vaccination, and therefore, compensation was appropriate. Following this ruling, on July 30, 2015, the parties filed a proffer on award of compensation.
They agreed to a lump sum payment of $75,000.00 for all damages, to be paid as a check to Robert VanOsdol, who is a competent adult. This amount represented compensation for all elements of damages available under 42 U.S.C. § 300aa-15(a).
On September 25, 2015, the parties filed a stipulation of fact concerning attorneys' fees and costs. They agreed upon an award of $8,832.19.
Petitioner's counsel, John Robert Howie, Jr. of Howie Law, P.C., represented that Mr. VanOsdol incurred no out-of-pocket expenses.
On October 20, 2015, Chief Special Master Nora Beth Dorsey issued a decision on attorneys' fees and costs, awarding the agreed-upon amount of $8,832.19. This award was to be paid as a lump sum in the form of a check jointly payable to petitioner Robert VanOsdol and his counsel, John R.
Howie, Jr. The total compensation awarded was $75,000.00, plus $8,832.19 for attorney fees and costs.
Theory of causation
Petitioner Robert VanOsdol alleged brachial neuritis following a Tdap vaccination on April 13, 2012. The respondent conceded entitlement, stating that petitioner suffered a Table brachial neuritis and that there was no evidence the condition was due to factors unrelated to the vaccination. The case was resolved via stipulation. The Special Processing Unit reviewed the petition and supporting documentation. Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on June 22, 2015. A proffer on award of compensation was filed on July 30, 2015, agreeing to a $75,000.00 lump sum payment for all damages. Attorney fees and costs were stipulated and awarded on October 20, 2015, in the amount of $8,832.19, jointly payable to petitioner and counsel John Robert Howie, Jr. Petitioner's counsel was John Robert Howie, Jr. of Howie Law, P.C. Respondent's counsel was Lara Ann Englund of the U.S. Department of Justice. The theory of causation was a "Table" injury. No specific medical experts or detailed clinical information regarding onset, symptoms, tests, or treatment were described in the public text. The total award was $75,000.00 plus $8,832.19 in attorney fees and costs.