Dvora Ghitza v. HHS - Td, brachial neuritis (2016)

Dvora Ghitza filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a tetanus-diphtheria (Td) vaccination on May 17, 2012, caused her to suffer from brachial neuritis. The case was assigned to the Special Processing Unit.

Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Ghitza was entitled to compensation.

The respondent stated that her brachial neuritis met the criteria of the Vaccine Injury Table, as it manifested between two and twenty-eight days after vaccination and there was no preponderant evidence of an unrelated cause. The respondent also confirmed that the condition persisted for more than six months and that Ms.

Ghitza satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on July 14, 2015, finding her entitled to compensation.

Subsequently, on January 4, 2016, the respondent filed a proffer on award of compensation, recommending an award of $102,000.00, which Ms. Ghitza agreed to.

The Chief Special Master issued a decision awarding Ms. Ghitza a lump sum payment of $102,000.00, representing compensation for all damages available under the Vaccine Act.