Scott Speller v. HHS - Tdap, brachial neuritis (2023)
Case summary [AI summaries can sometimes make mistakes]
Scott Speller filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered brachial neuritis (BN) as a result of a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on August 19, 2019. The respondent conceded that Mr.
Speller's claim met the criteria set forth in the Vaccine Injury Table for BN following a Tdap vaccine. The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and Mr.
Speller satisfied the six-month sequela requirement. Based on the respondent's concession and the evidence of record, the court found Mr.
Speller entitled to compensation. Subsequently, the parties submitted a proffer on award of compensation.
The respondent recommended, and Mr. Speller agreed, that he should be awarded $60,000.00 for pain and suffering and $357.80 for past unreimbursable expenses, totaling $60,357.80.
The court awarded Mr. Speller a lump sum payment of $60,357.80.
Source PDFs
USCOURTS-cofc-1_21-vv-00124