I.J. v. HHS - Tdap, transverse myelitis (2024)

I.J., a 34-year-old male, filed a petition on July 21, 2016, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he developed transverse myelitis (TM) as a result of a Tetanus Diphtheria acellular-Pertussis (Tdap) vaccine he received on July 22, 2013.

Following an entitlement hearing, the Special Master initially denied the claim, finding that while I.J. likely suffered from TM, there was insufficient evidence that the Tdap vaccine could cause TM or did so in his case. The Court of Federal Claims vacated this decision and remanded the case, finding the Special Master had misapplied legal standards and made arbitrary and capricious factual determinations regarding the Baxter study and the evidence of inflammation.

Upon remand, the Special Master found that I.J. had established a plausible "can cause" theory for TM following Tdap vaccination, consistent with the Court's guidance on the "biological plausibility" standard. The Special Master also found that the "did cause" prong was met, citing evidence of inflammation and treaters' consideration of vaccines as a potential cause, despite some inaccuracies in their records.

Consequently, entitlement was granted. A subsequent damages decision on June 5, 2024, awarded I.J. a total of $2,078,709.51.

This included a lump sum payment of $1,668,311.51 for life care expenses, lost earnings, and pain and suffering, a $639,898.43 payment to satisfy a Medicaid lien, and an amount to purchase an annuity for future life care expenses. The award also included $1,190,602.00 for lost earnings and $250,000.00 for pain and suffering.