Morgan Smith v. HHS - Tdap, neuromyelitis optica (2025)
Case summary [AI summaries can sometimes make mistakes]
On July 26, 2021, Morgan Smith filed a claim in the National Vaccine Injury Compensation Program, alleging that the tetanus, diphtheria, and acellular pertussis (Tdap) vaccine administered on May 20, 2019, caused her to develop neuromyelitis optica (NMO). The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused petitioner's alleged NMO or any other injury.
Despite maintaining their respective positions, the parties reached a stipulation for settlement. Special Master Thomas L.
Gowen adopted the stipulation, awarding compensation to Morgan Smith. The award includes a lump sum of $150,000.00 for pain and suffering, to be paid via ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement.
Additionally, $25,000.00 is allocated to purchase an annuity contract. The total compensation awarded is $175,000.00, covering all damages available under the National Vaccine Injury Compensation Program.
The decision was filed on June 9, 2025. Petitioner was represented by Elizabeth K.
Abramson of Mctlaw, and respondent was represented by Parisa Tabassian of the Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the specific mechanism by which the vaccine allegedly caused the NMO.
The public decision also does not name any medical experts.
Source PDFs
USCOURTS-cofc-1_21-vv-01613