Donna Kastl v. HHS - Tdap, transverse myelitis (2021)

On January 11, 2017, Donna Kastl filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a Tdap vaccination administered on August 31, 2015, caused her to develop transverse myelitis (TM). The respondent, the Secretary of Health and Human Services, denied that Ms.

Kastl suffered from TM or any vaccine-related injury. However, on June 15, 2021, the parties filed a joint stipulation recommending an award of compensation.

This stipulation was based on a settlement agreement rather than a finding of causation. Special Master Nora Beth Dorsey reviewed and adopted the stipulation as the decision of the Court.

The award included a lump sum of $265,766.80, comprising $65,766.80 for first-year life care expenses and $200,000.00 for combined pain and suffering and past unreimbursable expenses, payable to Ms. Kastl.

Additionally, an amount sufficient to purchase an annuity contract for future damages was to be paid to a life insurance company. Petitioner was represented by Jason P.

Osteen of Dempsey & Kingsland, P.C., and respondent was represented by Adriana R. Teitel of the U.S.

Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details of the transverse myelitis, diagnostic tests performed, or treatments received.

The theory of causation is not detailed in the public decision as the case was resolved by stipulation.