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 December 26, 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.
Theory of causation
Petitioner Tarmesha Brown filed a petition on December 6, 2017, alleging brachial neuritis caused by a Tdap vaccine received on April 5, 2017. The case was treated as a Table injury claim. Respondent denied causation. The parties entered into a joint stipulation to settle the case. The stipulation stated that the Tdap vaccine is on the Vaccine Injury Table and that petitioner alleged injury within the Table timeframe. The public text does not detail the specific mechanism of injury, expert testimony, or competing medical theories. The parties agreed to a settlement, and Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner Tarmesha Brown $80,379.22 as compensation for all damages available under the Vaccine Act. The decision was issued on December 26, 2019. Attorneys for petitioner were Andrew Donald Downing and for respondent was Christine Mary Becer.
Source PDFs
USCOURTS-cofc-1_17-vv-01884