Frank Stendal v. HHS - Tdap, shoulder injury related to vaccine administration (2016)
Case summary [AI summaries can sometimes make mistakes]
Frank Stendal filed a petition for compensation on September 3, 2015, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tetanus-diphtheria and acellular pertussis (Tdap) vaccination on September 2, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 3, 2015, conceding that Mr.
Stendal's injury was consistent with SIRVA and was caused in fact by the Tdap vaccine. The respondent further agreed that no other cause for the injury was identified, that the sequelae persisted for more than six months, and that Mr.
Stendal met the statutory requirements for entitlement. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on December 3, 2015, finding Mr.
Stendal entitled to compensation. Subsequently, on December 16, 2015, the respondent filed a proffer on award of compensation, proposing an award of $80,000.00, which Mr.
Stendal agreed to. On April 27, 2016, Chief Special Master Dorsey issued a Decision Awarding Damages, granting Mr.
Stendal a lump sum payment of $80,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties later filed a Stipulation of Fact Concerning Attorneys' Fees and Costs on January 11, 2016.
On May 4, 2016, Chief Special Master Dorsey issued a Decision on Attorneys' Fees and Costs, approving and awarding a total of $11,784.47 as a lump sum, jointly payable to Mr. Stendal and his counsel, Muller Brazil, LLP.
Petitioner was represented by Paul Brazil of Muller Brazil, LLP, and respondent was represented by Traci Patton of the U.S. Department of Justice.
Theory of causation
Petitioner Frank Stendal alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on September 2, 2014. The respondent conceded that the injury was consistent with SIRVA and was caused in fact by the Tdap vaccine. The respondent also agreed that no other cause was identified and that the injury's sequelae persisted for more than six months, meeting statutory entitlement requirements. The case proceeded to an award based on the respondent's concession and proffer. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on December 3, 2015, and a Damages Decision on April 27, 2016, awarding a lump sum of $80,000.00. Attorneys' fees and costs totaling $11,784.47 were awarded on May 4, 2016, jointly to petitioner and his counsel, Muller Brazil, LLP. Petitioner was represented by Paul Brazil, and respondent by Traci Patton.