Melissa Goyne v. HHS - Tdap, axillary nerve injury in her left shoulder (2018)
Case summary [AI summaries can sometimes make mistakes]
Melissa Goyne filed a petition on October 27, 2017, alleging that she suffered an axillary nerve injury in her left shoulder caused by tetanus, diphtheria, acellular pertussis (Tdap) and/or influenza (flu) vaccinations she received on November 14, 2014. Goyne stated she received the vaccinations in the United States, suffered residual effects for more than six months, and had not received any prior award or settlement for a vaccine-caused injury.
The respondent denied that the vaccinations caused her alleged injury. The parties subsequently filed a joint stipulation for damages, agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey adopted the stipulation and awarded Melissa Goyne a lump sum of $60,000.00 for all items of damages. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses.
Petitioner counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent counsel was Traci R.
Patton of the U.S. Department of Justice.
Theory of causation
Petitioner Melissa Goyne alleged an axillary nerve injury in her left shoulder caused by Tdap and/or influenza vaccinations received on November 14, 2014. The respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. Chief Special Master Nora Beth Dorsey adopted the stipulation and awarded $60,000.00. The public decision does not specify the theory of causation, whether it was an "on-Table" or "off-Table" injury, or name any medical experts. The award was based on a stipulation between petitioner Melissa Goyne, represented by Paul R. Brazil, and respondent, represented by Traci R. Patton.
Source PDFs
USCOURTS-cofc-1_16-vv-00619