Gavin Beagley v. HHS - Tdap, brachial neuritis (2022)
Case summary [AI summaries can sometimes make mistakes]
Gavin Beagley filed a petition on June 28, 2019, alleging he suffered brachial neuritis as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on July 1, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 8, 2021, conceding that Mr.
Beagley's claim met the Table criteria for brachial neuritis. The respondent further agreed that Mr.
Beagley's brachial neuritis and its sequelae, including pain, hand numbness, and weakness, persisted for greater than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on November 10, 2021, finding Mr. Beagley entitled to compensation.
Subsequently, on October 3, 2022, the respondent filed a Proffer on Award of Compensation. The proffer indicated that Mr.
Beagley should be awarded $130,000.00 for pain and suffering and $6,584.75 for past unreimbursable expenses, totaling $136,584.75. The proffer stated that Mr.
Beagley agreed with this award. On November 15, 2022, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Mr.
Beagley a lump sum payment of $136,584.75, representing compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner's counsel was David Charles Richards of Christensen & Jensen, P.C.
Respondent's counsel included Wei Kit Tai and Bridget Corridon from the U.S. Department of Justice.
Theory of causation
Petitioner Gavin Beagley alleged brachial neuritis following a Tdap vaccination on July 1, 2017. The respondent conceded that the claim met the Table criteria for brachial neuritis and that the injury, including pain, hand numbness, and weakness, persisted for over six months. The Special Master found entitlement based on this concession. A subsequent proffer agreed upon by both parties detailed an award for pain and suffering ($130,000.00) and past unreimbursable expenses ($6,584.75), totaling $136,584.75. Chief Special Master Brian H. Corcoran issued the decision awarding this lump sum on November 15, 2022. Petitioner was represented by David Charles Richards, and respondent was represented by Bridget Corridon. The theory of causation relied on the Vaccine Injury Table.
Source PDFs
USCOURTS-cofc-1_19-vv-00948