Steven Pancoast v. HHS - Tdap, brachial neuritis (2016)

Steven Pancoast filed a petition on August 19, 2015, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered from brachial neuritis as a result of receiving influenza and Tdap vaccinations on November 20, 2012, and that he experienced residual effects of this injury for more than six months.

The respondent denied that the vaccines caused the alleged brachial neuritis or any other injury. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on August 17, 2016.

Special Master Brian H. Corcoran reviewed the file and concluded that the stipulation was reasonable, adopting it as the decision awarding damages.

The stipulation awarded Mr. Pancoast a lump sum of $172,667.50, comprising $27,667.50 for first-year life care expenses and $145,000.00 for pain and suffering, to be paid by check.

Additionally, an amount sufficient to purchase an annuity contract, as described in the stipulation, was to be paid to the insurance company from which the annuity would be purchased. These amounts were intended to compensate for all damages available under Section 15(a) of the Act.

The decision was posted on the United States Court of Federal Claims website, with provisions for parties to request redaction of confidential information. Petitioner was represented by William E.

Cochran, Jr. of Black McLaren, et al., PC, and Respondent was represented by Sarah C. Duncan of the U.S.

Dep’t of Justice.