Ernest Knapp v. HHS - Tdap, brachial neuritis (2019)

Filed 2019-04-29Decided 2019-11-27Vaccine Tdap
compensated$62,303

Case summary [AI summaries can sometimes make mistakes]

Ernest Knapp filed a petition for compensation alleging that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on December 26, 2016, caused him to suffer brachial neuritis. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, agreeing that Mr.

Knapp suffered a Vaccine Table injury of brachial neuritis following the Tdap vaccine. Although Mr.

Knapp reported shoulder pain within one day of vaccination, outside the Table's typical onset range for brachial neuritis (2-28 days), the Secretary noted that this pain was likely attributable to Mr. Knapp's pre-existing rotator cuff tears.

The Secretary found no alternative causes for the brachial neuritis and confirmed that Mr. Knapp's condition lasted more than six months.

Based on the respondent's concession and the evidence, the court found Mr. Knapp entitled to compensation.

Subsequently, the parties reached a stipulation for damages. The court awarded Mr.

Knapp a total of $62,302.91, which included a lump sum payment of $60,000 for pain and suffering and $2,302.91 to satisfy a Medicaid lien.

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