Tarmesha Brown v. HHS - Tdap, brachial neuritis (2019)
Case summary [AI summaries can sometimes make mistakes]
Tarmesha Brown filed a petition for compensation under the National Vaccine Injury Compensation Program on December 6, 2017, alleging she suffered brachial neuritis after receiving a Tdap vaccine on April 5, 2017. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injury.
The parties subsequently filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H.
Corcoran reviewed the stipulation and adopted its terms as his decision. The stipulation stated that Tarmesha Brown received the Tdap vaccine in the United States on April 5, 2017, and alleged she suffered from brachial neuritis within the Table timeframe, with residual effects lasting more than six months.
The respondent maintained their denial of causation. The parties agreed to settle the issues, and the stipulation outlined the compensation to be awarded.
Chief Special Master Corcoran awarded Tarmesha Brown a lump sum of $80,379.22, payable by check to Petitioner. This amount was designated as compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The decision was issued on November 5, 2019. The stipulation also addressed the process for awarding reasonable attorneys' fees and costs, and confirmed that the compensation was not for items or services for which the Program is not primarily liable.
Petitioner, represented by Andrew Donald Downing of Van Cott & Talamante, PLLC, and Respondent, represented by Christine Mary Becer of the U.S. Department of Justice, agreed to the terms.
The stipulation included a release of claims by the petitioner against the United States and the Secretary of Health and Human Services related to the Tdap vaccination and alleged injury. The decision noted that it would be posted online, with a provision for the petitioner to request redaction of sensitive information.
The public decision does not describe the specific onset of symptoms, clinical details of the brachial neuritis, diagnostic tests performed, or treatments received.
Source PDFs
USCOURTS-cofc-1_17-vv-01884