Margaret Albers v. HHS - Tdap, seizure disorder with residual effects that persisted for more than six months (2020)

Margaret Albers filed a petition for compensation on December 29, 2016, alleging that she developed a seizure disorder with residual effects that persisted for more than six months after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on December 30, 2013. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused the petitioner's seizure disorder or any other injury.

Despite maintaining their respective positions, the parties reached a stipulation for settlement. Special Master Thomas L.

Gowen adopted the stipulation as the judgment of the Court. The stipulation awarded Margaret Albers a lump sum of $207,230.11, representing compensation for first-year life care expenses ($32,197.52), pain and suffering ($160,000.00), and past unreimbursable expenses ($15,032.59).

Additionally, she was awarded a lump sum of $11,089.38 to reimburse a New York State Medicaid lien for services rendered on her behalf. This amount was to be paid by check jointly to petitioner and the New York Department of Health.

The stipulation also provided for an additional amount sufficient to purchase an annuity contract. The decision ordered that judgment be entered in accordance with the terms of the parties' stipulation.

Petitioner was represented by Brian L. Cinelli of Marcus & Cinelli, LLP, and respondent was represented by Linda S.

Renzi of the United States Department of Justice.