Jill Sadowsky v. HHS - Tdap, brachial neuritis (2016)

Filed 2015-11-02Decided 2016-06-28Vaccine Tdap
compensated$65,000

Case summary [AI summaries can sometimes make mistakes]

Jill Sadowsky filed a petition for compensation under the National Vaccine Injury Compensation Program on November 2, 2015. She alleged that she suffered brachial neuritis as a result of receiving a tetanus, diphtheria, acellular pertussis (Tdap) vaccine on October 10, 2014.

Ms. Sadowsky further alleged that the residual effects of her condition lasted for more than six months and that she had not received any prior award or settlement for this injury.

The respondent denied that the brachial neuritis was caused-in-fact by the Tdap vaccination. Despite the respondent's denial, the parties filed a joint stipulation on June 28, 2016, agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. Under the terms of the stipulation, Jill Sadowsky was awarded $65,000.00 as a lump sum, payable by check to the petitioner, as compensation for all items of damages.

The case proceeded as an off-Table claim. Maximillian J.

Muller of Muller Brazil, LLP, represented the petitioner, and Debra A. Filteau Begley of the U.S.

Department of Justice represented the respondent. The decision was issued on June 28, 2016.

Theory of causation

Petitioner Jill Sadowsky alleged that she suffered brachial neuritis (BN) as a result of her tetanus, diphtheria, acellular pertussis (Tdap) vaccination on October 10, 2014. She alleged residual effects for more than six months. The respondent denied that the BN was caused-in-fact by the vaccination. The parties filed a joint stipulation for damages, agreeing that compensation should be awarded. The Special Master adopted the stipulation. The case was treated as an off-Table claim. Petitioner Jill Sadowsky was awarded $65,000.00 as a lump sum for all damages. Chief Special Master Nora Beth Dorsey issued the decision on June 28, 2016. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Debra A. Filteau Begley of the U.S. Department of Justice.

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