E.S. v. HHS - Tdap, Parsonage-Turner Syndrome, also known as brachial neuritis, and/or a shoulder injury (2018)

William B. and Christina M. Strickland, as parents, filed a petition on behalf of E.S. on September 19, 2018, seeking compensation under the National Vaccine Injury Compensation Program.

They alleged that E.S. suffered Parsonage-Turner Syndrome, also known as brachial neuritis, and/or a shoulder injury as a result of Diphtheria Tetanus acellular Pertussis (DTaP), Hepatitis B, Haemophilus influenza type b (Hib), Polio Inactivated Virus (IPV), and Pneumococcal Conjugate vaccinations administered on September 6, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 17, 2018, conceding that E.S. is entitled to compensation.

The respondent agreed that E.S. suffered a "Table injury" under the Vaccine Act, specifically brachial neuritis, with an onset occurring within two to twenty-eight days following the DTaP vaccination. Furthermore, the respondent acknowledged that E.S.'s medical records indicated sequelae of the injury lasting more than six months after vaccination, meeting the statutory requirements for entitlement.

Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey ruled that E.S. was entitled to compensation. The public decision does not describe the specific onset symptoms, medical tests, treatments, or expert witnesses involved in this case.

The attorneys for the petitioner were John Wesley Frost, II, of Frost Van den Boom & Smith, P.A., and for the respondent, Mallori Browne Openchowski, of the U.S. Department of Justice.