Janet H. Stuchal v. HHS - Tdap, transverse myelitis (2020)
Case summary [AI summaries can sometimes make mistakes]
On September 20, 2017, Janet H. Stuchal filed a petition for compensation under the National Vaccine Injury Compensation Program.
Petitioner alleged that she developed transverse myelitis (TM) after receiving a Tdap and/or influenza vaccine on September 24, 2014, and that she experienced residual effects from the injury for more than six months. The respondent denied that the vaccine caused Petitioner's TM or any other injury.
On September 14, 2020, the parties filed a joint stipulation agreeing to an award of compensation. The stipulation stated that Petitioner would receive a lump sum of $65,000.00, payable by check, as compensation for all damages.
Special Master Herbrina Sanders reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The award was made without the respondent conceding causation.
Judgment was to be entered in accordance with the stipulation, unless a motion for review was filed.
Theory of causation
Petitioner Janet H. Stuchal alleged that a Tdap and/or influenza vaccine received on September 24, 2014, caused her to develop transverse myelitis (TM) with residual effects lasting more than six months. The respondent denied causation. The parties filed a stipulation for award, agreeing to compensation without respondent conceding causation. The public decision does not describe the specific mechanism of causation, expert testimony, or the medical evidence presented. Special Master Herbrina Sanders adopted the stipulation, awarding Petitioner $65,000.00 for all damages. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP. Respondent's counsel was Lisa A. Watts of the United States Department of Justice. The decision date was September 16, 2020.
Source PDFs
USCOURTS-cofc-1_17-vv-01294