E.H. v. HHS - Tdap, brachial neuritis (2022)

E.H. filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered brachial neuritis in her right shoulder as a result of a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine administered on March 29, 2016. The petition was filed on January 27, 2017.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that E.H. is entitled to compensation. The respondent determined that E.H. satisfied the criteria set forth in the Vaccine Injury Table for brachial neuritis following a Tdap vaccination and that the statutory six-month sequela requirement was met.

Later, on August 30, 2022, the parties filed a stipulation recommending an award of compensation. The stipulation noted that E.H. sustained the onset of brachial neuritis within the time period set forth in the Table following the Tdap vaccine and experienced residual effects for more than six months, with no evidence of an unrelated cause.

The parties agreed to a total compensation award of $1,067,510.17, which included compensation for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, along with an amount for an annuity contract. The Special Master adopted the stipulation as the decision of the Court, awarding the agreed-upon compensation.