John Allain v. HHS - Tdap, brachial neuritis (2023)

John Allain filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered brachial neuritis as a result of his August 13, 2019 tetanus diphtheria acellular pertussis (Tdap) vaccination. The respondent conceded that Mr.

Allain is entitled to compensation, agreeing that his injury met the criteria for brachial neuritis from the Tdap vaccine as listed on the Vaccine Injury Table. Specifically, the respondent noted that the pain in Mr.

Allain's right arm and shoulder occurred within the Table's timeframe, EMG/NCS studies localized the injury to the brachial plexus, and no other condition explained his symptoms. The Chief Special Master issued a ruling on entitlement on June 28, 2022, finding Mr.

Allain entitled to compensation. Subsequently, on December 20, 2022, the respondent filed a proffer on award of compensation, recommending an award of $125,000.00 for pain and suffering, which Mr.

Allain agreed to. The Chief Special Master issued a decision awarding this lump sum payment on January 24, 2023.