Robert VanOsdol v. HHS - Tdap, brachial neuritis (2015)

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 September 25, 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.