Kimberly Cox v. HHS - Tdap, brachial neuritis (2015)

Kimberly Cox filed a petition for compensation under the National Vaccine Injury Compensation Program on May 6, 2015, alleging she suffered brachial neuritis after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on May 15, 2013. She further alleged she had suffered the effects of her injury for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused her brachial neuritis or any other injury or current condition. Despite the denial, on October 20, 2015, the parties filed a joint stipulation agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $20,000.00, payable to her, as compensation for all items of damages.

Subsequently, on November 2, 2015, the parties filed a stipulation regarding attorneys' fees and costs. They agreed to an award of $12,696.05 in attorneys' fees and costs.

Chief Special Master Dorsey found this amount reasonable and awarded it as a lump sum, jointly payable to Ms. Cox and her counsel, Alison Haskins.

The decision was based on the joint stipulations of the parties. Petitioner was represented by Alison Haskins, Esq., of Maglio Christopher & Toale, PA, and respondent was represented by Lara Englund, Esq., of the U.S.

Department of Justice.