Daniel Wolfe v. HHS - Td/Tetanus, brachial neuritis (2025)
Case summary [AI summaries can sometimes make mistakes]
Daniel Wolfe filed a petition alleging brachial neuritis following a tetanus toxoid-containing vaccine administered on October 4, 2018. He was 48 years old at the time.
The medical records indicate he received both a tetanus and an influenza vaccine on that date. Mr.
Wolfe reported experiencing pain in his left arm and shoulder on the evening of the vaccination, which he described as muscle spasms and burning pain radiating to his neck and armpit. He sought emergency care two days later for severe pain and spasms, and was diagnosed with suspected brachial neuritis.
The respondent argued that the onset of symptoms occurred within hours of vaccination, which would not meet the Table's timeframe of 2-28 days for brachial neuritis. The court reviewed the medical records, which showed varying descriptions of onset, but ultimately found that Mr.
Wolfe experienced new pain within approximately twelve hours of vaccination. Because this onset was inconsistent with the Table's requirements for brachial neuritis, the court dismissed the Table claim.
The court noted that an off-Table claim might still be feasible, but that it would face other challenges. The parties were instructed to explore informal resolution of the remaining claim.
Source PDFs
USCOURTS-cofc-1_21-vv-01957