Kenneth Armstrong v. HHS - Tdap, acute disseminated encephalomyelitis (ADEM) (2022)

Filed 2018-03-07Decided 2022-08-26Vaccine Tdap
compensated$235,250death

Case summary [AI summaries can sometimes make mistakes]

On March 7, 2018, Alicea Armstrong, as the personal representative of the Estate of Kenneth Armstrong, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Mr.

Armstrong suffered acute disseminated encephalomyelitis (ADEM) and that his death on July 17, 2017, was a sequela of this alleged vaccine-related injury. The petition stated that Mr.

Armstrong received a Tdap vaccine. The respondent denied that the Tdap vaccine caused Mr.

Armstrong's alleged ADEM, any other injury, or his death. The parties subsequently filed a joint stipulation for damages on August 1, 2022, agreeing that compensation should be awarded.

Special Master Daniel T. Horner reviewed the stipulation and adopted it as the decision of the Court.

Pursuant to the stipulation, a lump sum award of $235,250.00 was granted, payable to Alicea Armstrong as the legal representative of the estate. This amount represents compensation for all items of damages available under the Vaccine Act.

The decision was entered on August 26, 2022. The public decision does not describe the specific onset of symptoms, clinical details of Mr.

Armstrong's condition, any diagnostic tests performed, or treatments received. The public decision also does not name any medical experts or detail the specific mechanism of injury.

Theory of causation

Petitioner alleged that Kenneth Armstrong received a Tdap vaccine and subsequently suffered acute disseminated encephalomyelitis (ADEM), leading to his death on July 17, 2017. The respondent denied that the Tdap vaccine caused the alleged ADEM, injury, or death. The parties filed a joint stipulation for damages, agreeing to an award. The Special Master adopted the stipulation. The public text does not specify the vaccine date, age at vaccination, or provide details on the onset of symptoms, clinical presentation, diagnostic tests, treatments, or the specific mechanism of causation. No medical experts are named in the public decision. The award was a lump sum of $235,250.00. The decision was entered on August 26, 2022, based on a stipulation filed August 1, 2022. Petitioner counsel was Isaiah Kalinowski, and respondent counsel was Mary Holmes. Special Master was Daniel T. Horner.

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