Angela Overall v. HHS - Tdap, brachial neuritis (2019)

Angela Overall filed a petition on June 13, 2018, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered brachial neuritis, causally related to a tetanus, diphtheria, acellular pertussis (Tdap) vaccination received in her left arm on February 19, 2016.

Ms. Overall stated that she received the vaccination in the United States, experienced residual effects of her injury for more than six months, and had not filed a civil action or received compensation for a vaccine-caused injury.

The case was assigned to the Special Processing Unit. On April 29, 2019, the respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

Overall is entitled to compensation. The respondent indicated that petitioner suffered brachial neuritis and satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation.

Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 29, 2019, finding Ms. Overall entitled to compensation.

Subsequently, on July 26, 2019, the respondent filed a proffer on award of compensation. The proffer indicated that Ms.

Overall should be awarded $77,189.02, consisting of $75,000.00 for actual and projected pain and suffering and $2,189.02 for actual unreimbursable expenses. The proffer stated that Ms.

Overall agreed with this award. The award for projected pain and suffering was reduced to its net present value.

Chief Special Master Dorsey issued a decision on October 17, 2019, awarding Ms. Overall a lump sum payment of $77,189.02, payable by check to Angela Overall.

Petitioner's counsel was Danielle Strait of Maglio Christopher & Toale, PA, and respondent's counsel was Ida Nassar of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The public decision also does not name any medical experts.