Michael Zippelli v. HHS - Tdap, neurological injuries (2017)
Case summary [AI summaries can sometimes make mistakes]
Michael Zippelli filed a petition for compensation on August 12, 2015, alleging that he suffered neurological injuries as a result of a Tdap vaccine administered on or about February 3, 2014. He further alleged that his symptoms persisted for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Petitioner's neurological injuries. Despite this denial, the parties filed a joint stipulation for damages on April 14, 2017.
Special Master Herbrina Sanders adopted the stipulation as the decision of the Court. Petitioner was awarded $130,000.00 as a lump sum for all damages, and an additional amount to purchase an annuity contract.
Both parties waived their right to seek review of the decision. The public decision does not describe the specific onset of symptoms, clinical details, medical tests, treatments, or expert witnesses.
Clifford J. Shoemaker represented the Petitioner, and Gordon E.
Shemin represented the Respondent.
Theory of causation
Petitioner Michael Zippelli alleged that a Tdap vaccine administered on or about February 3, 2014, caused neurological injuries that persisted for more than six months. The Respondent denied causation. The parties reached a joint stipulation for damages, which Special Master Herbrina Sanders adopted on May 9, 2017. Petitioner was awarded a lump sum of $130,000.00 and an amount for an annuity. The specific theory of causation, medical experts, and detailed factual basis for the alleged injury are not described in the public decision, as the case was resolved via stipulation. Petitioner was represented by Clifford J. Shoemaker, and Respondent by Gordon E. Shemin.
Source PDFs
USCOURTS-cofc-1_15-vv-00866