Gerald Gordon v. HHS - Tdap, brachial neuritis (2020)

Gerald Gordon filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered brachial neuritis caused by a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on March 30, 2017. He stated that the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that there had been no prior award or settlement for his condition.

Respondent denied that Mr. Gordon sustained a Table brachial neuritis injury within the timeframe set forth in the Table and denied that the Tdap immunization caused his alleged injury.

Despite these positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision.

Mr. Gordon was awarded a lump sum of $50,000.00, representing compensation for all items of damages available under the Vaccine Act.

The award was made as a settlement of liability and damages claimed under the Act.