Joel Greco v. HHS - Tdap, brachial neuritis (2024)
Case summary [AI summaries can sometimes make mistakes]
Joel Greco, a 40-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on December 21, 2020, alleging a shoulder injury related to vaccine administration following a Tdap vaccination received on September 28, 2018. He later amended his petition to allege a Table injury of brachial neuritis.
The respondent filed an amended report on December 29, 2022, conceding that Mr. Greco was entitled to compensation, stating he met the criteria for brachial neuritis from the Tdap vaccine and satisfied the statutory severity requirement.
A ruling on entitlement was issued on December 29, 2022, finding Mr. Greco entitled to compensation, with a separate order to follow for damages.
The parties were unable to resolve damages, leading to the filing of briefs. Mr.
Greco sought $130,000 for pain and suffering, arguing his injury was significant and long-lasting, citing its severity, duration, and impact on his daily life and work. He compared his case to other vaccine injury awards, including Geller, Leslie, and Danielson.
The respondent argued for an award of $65,000, contending Mr. Greco's injury was mild-to-moderate and limited in duration, highlighting treatment gaps and comparing his case to Kent.
Special Master Nora Beth Dorsey reviewed the medical records, affidavits, and arguments. She found Mr.
Greco's awareness of the injury was not disputed. Regarding duration, she determined Mr.
Greco suffered from his vaccine-related injury for 26 months, from October 2018 to December 2020, noting a significant gap in treatment thereafter. She found the severity of his injury to be moderate, with "excruciating" pain lasting approximately seven weeks, followed by pain rated up to 5/10 until December 2020.
She considered the cited cases but found them not directly comparable. Ultimately, Special Master Dorsey awarded Joel Greco $100,000.00 for actual pain and suffering, payable as a lump sum.
The decision was issued on April 29, 2024.
Theory of causation
Petitioner Joel Greco, age 40, received a Tdap vaccine on September 28, 2018. He alleged brachial neuritis as a Table injury. Respondent conceded entitlement, finding Petitioner met the criteria for brachial neuritis from the Tdap vaccine. The Special Master determined the injury was moderate in severity and lasted 26 months, from October 2018 to December 2020, with a subsequent treatment gap. The Special Master awarded $100,000.00 for actual pain and suffering. Attorneys for Petitioner were Nancy Routh Meyers and for Respondent were Meghan Murphy. Special Master Nora Beth Dorsey issued the ruling on entitlement on December 29, 2022, and the damages decision on April 29, 2024. The public decision does not describe the specific mechanism of causation or name medical experts.