Phillip Herrera v. HHS - Tdap, nodular fasciitis (2017)

Phillip Herrera filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2016, alleging that he developed nodular fasciitis after receiving a Tetanus, Diphtheria, acellular Pertussis (Tdap) vaccine on April 23, 2013. Mr.

Herrera alleged he received the vaccine in the United States, suffered the effects of his injury for more than six months, and had not filed a civil suit or received other compensation for his alleged vaccine-caused injury. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr.

Herrera's nodular fasciitis or any other injury or current condition. Despite the respondent's denial, the parties filed a joint stipulation on October 13, 2016, agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The parties stipulated that Mr.

Herrera would receive a lump sum of $90,000.00, payable to petitioner, representing compensation for all items of damages available under the Vaccine Act. The public decision does not detail the specific theory of causation, time to onset, symptoms, medical tests, treatments, or expert witnesses.

The decision was based on the joint stipulation of the parties.