Jack Rytel v. HHS - Tdap, transverse myelitis (2024)

Jack Rytel, initially represented by his mother Jenifer Rytel, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 15, 2019. The petition alleged that Jack Rytel developed transverse myelitis (TM) after receiving a tetanus-diphtheria-acellular-pertussis (Tdap) vaccine on February 7, 2017.

As Jack Rytel reached the age of majority, the case caption was amended on October 31, 2022, to name him as the petitioner. The respondent, the Secretary of Health and Human Services, denied that the Tdap immunization caused the alleged injury.

Despite the respondent's denial, the parties reached a joint stipulation to settle the case. The settlement terms, adopted by Special Master Mindy Michaels Roth, include a lump sum of $242,643.85 for first-year life care expenses and pain and suffering, payable to Jack Rytel.

Additionally, the settlement provides for reimbursement of a $3,839.14 lien from the Oregon Department of Human Services and a $110,000.00 lien from CareOregon. The parties also agreed to an amount sufficient to purchase an annuity contract.

The total compensation awarded through this stipulation amounts to $366,487.00, covering all damages available under the program. The clerk of the court was directed to enter judgment accordingly.

Ronald Homer, Esq., represented the petitioner, and Kimberly Davey, Esq., represented the respondent.