Christopher Agard v. HHS - Tdap, cellulitis (2021)

Christopher Agard filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered cellulitis as a result of a Tetanus-Diphtheria-acellular-Pertussis (Tdap) vaccine administered on February 6, 2018. He claimed the vaccine was given in the United States, that he experienced residual effects for over six months, and that he had no prior award or settlement for this condition.

Respondent denied that the Tdap vaccine caused the cellulitis or any other injury. Despite the denial, the parties filed a joint stipulation agreeing to settle the case and award compensation.

The court adopted the stipulation, awarding Christopher Agard a lump sum of $95,000.00. This amount is intended to cover all damages available under Section 15(a) of the Vaccine Act.

The Tdap vaccine is listed on the Vaccine Injury Table, and the case proceeded as a Table claim. The stipulation also addressed future proceedings for attorney's fees and costs.

The settlement represents a compromise of liability and damages, and the United States does not admit that the vaccine caused the alleged injury.