David Vaughn v. HHS - Tdap, brachial neuritis (2022)

David Vaughn filed a petition for compensation under the National Vaccine Injury Compensation Program on August 16, 2021, alleging he suffered brachial neuritis after receiving a Tdap vaccination in his left arm on June 21, 2017. The respondent conceded that Mr.

Vaughn was entitled to compensation, agreeing that he met the criteria for brachial neuritis following a tetanus toxoid-containing vaccine. Specifically, the respondent noted that Mr.

Vaughn experienced upper left arm symptoms within the required timeframe, developed weakness, had EMG/NCS results consistent with brachial neuritis, and had no other condition to explain his symptoms. The respondent also agreed that Mr.

Vaughn suffered residual effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Mr.

Vaughn eligible for compensation. Subsequently, on December 7, 2021, the parties filed a proffer on award of compensation.

The respondent proposed an award of $128,724.58, which included $75,000.00 for pain and suffering, $1,362.43 for unreimbursed medical expenses, and $52,362.15 for lost wages. Mr.

Vaughn agreed with this proposed award. The court accepted the proffer and awarded Mr.

Vaughn the lump sum of $128,724.58.