Kathryn Larson v. HHS - Tdap, Transverse Myelitis (2024)

Filed 2019-05-17Decided 2024-02-22Vaccine Tdap
compensated$165,000

Case summary [AI summaries can sometimes make mistakes]

Kathryn Larson filed a petition on May 17, 2019, alleging that she suffered Transverse Myelitis (TM) as a result of her Tetanus-diphtheria-acellular pertussis (Tdap) vaccination administered on August 1, 2016. Ms.

Larson claimed that she experienced residual effects from the condition for more than six months, that there had been no prior award or settlement of a civil action for damages related to her condition, and that her vaccine was administered in the United States. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused any of petitioner’s alleged injuries or her current condition.

Despite the respondent's denial, the parties filed a joint stipulation on February 22, 2024, agreeing that compensation should be awarded. Special Master Daniel T.

Horner reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Ms.

Larson was awarded a lump sum of $165,000.00, payable by check to the petitioner. This amount is intended to compensate for all items of damages available under the Vaccine Act.

The decision was entered on February 22, 2024. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Naseem Kourosh of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, clinical details of the condition, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccine allegedly caused the injury.

The public decision also does not name any medical experts.

Theory of causation

Petitioner Kathryn Larson alleged that her August 1, 2016 Tdap vaccination caused Transverse Myelitis (TM), with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation on February 22, 2024, agreeing to an award of compensation. Special Master Daniel T. Horner adopted the stipulation, awarding petitioner a lump sum of $165,000.00. The public decision does not specify the theory of causation, name any experts, describe the medical mechanism, or detail the evidence considered. The award was based on a stipulation, not a finding of causation after litigation.

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