Tammy DeBoer v. HHS - Tdap, Acute Disseminated Encephalomyelitis (ADEM) (2021)

Filed 2018-07-25Decided 2021-08-31Vaccine Tdap
compensated$185,000

Case summary [AI summaries can sometimes make mistakes]

On July 25, 2018, Tammy DeBoer filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she received a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on June 24, 2016, which caused her to suffer from Acute Disseminated Encephalomyelitis (ADEM) and that the injury lasted for more than six months.

The respondent denied that the Tdap vaccine caused Petitioner's alleged ADEM or any other injury. Nevertheless, on August 31, 2021, the parties filed a stipulation agreeing to an award of compensation.

The stipulation stated that Petitioner would receive a lump sum of $185,000.00 as compensation for all damages. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court, approving the compensation amount.

Judgment was to be entered in accordance with the stipulation. The public decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, treatments, or expert witnesses.

Petitioner was represented by Edward M. Kraus of the Law Offices of Chicago Kent, and Respondent was represented by Lara A.

Englund of the United States Department of Justice.

Theory of causation

Petitioner Tammy DeBoer alleged that the Tdap vaccine administered on June 24, 2016, caused her to develop Acute Disseminated Encephalomyelitis (ADEM), with an injury lasting over six months. Respondent denied causation. The parties reached a stipulation for award, agreeing to a lump sum of $185,000.00 for all damages. Special Master Herbrina Sanders approved the stipulation on August 31, 2021. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

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