N.E.B. v. HHS - Tdap, epilepsy (2020)

Filed 2019-01-17Decided 2020-03-31Vaccine Tdap
compensated$7,500

Case summary [AI summaries can sometimes make mistakes]

Michael and Lori Bisceglia, parents of N.E.B., a minor, filed a petition on January 17, 2019, alleging that N.E.B. suffered from epilepsy as a result of a Tetanus-diphtheria-acellular pertussis (Tdap) vaccination received on September 20, 2017. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused N.E.B.'s epilepsy or any other injury.

Despite the respondent's denial, the parties reached a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

N.E.B. was awarded a lump sum of $7,500.00, payable to the petitioners as legal guardian(s)/conservator(s) of the estate of N.E.B. for the benefit of N.E.B. This amount represents compensation for all damages available under the National Childhood Vaccine Injury Act.

The parties agreed to waive their right to seek review, and judgment was entered accordingly. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses.

Carol L. Gallagher represented the petitioner, and Julia M.

Collison represented the respondent.

Theory of causation

Petitioners alleged that N.E.B. suffered from epilepsy as a result of a Tdap vaccination administered on September 20, 2017. The respondent denied that the vaccine caused the alleged injury. The parties reached a stipulation for compensation, which was approved by Special Master Nora Beth Dorsey. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony. The award was a lump sum of $7,500.00. The decision was based on a stipulation, and judgment was entered upon waiver of the right to seek review. Attorneys involved were Carol L. Gallagher for the petitioner and Julia M. Collison for the respondent. The decision date was March 31, 2020.

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