Jill Gardner v. HHS - Tdap, brachial neuritis (2023)

Jill Gardner, a 53-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on January 13, 2022. She alleged that she suffered a Table injury, brachial neuritis, as a result of a Tdap vaccine she received on February 16, 2021.

Ms. Gardner further alleged that her symptoms persisted for more than eight months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 17, 2022, conceding that Ms. Gardner was entitled to compensation.

The respondent agreed that Ms. Gardner had demonstrated by preponderant evidence that she met the requirements for a Table injury of brachial neuritis.

The respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and that Ms. Gardner satisfied the statutory severity requirement by suffering residual effects or complications of her injury for more than six months after vaccine administration.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 17, 2022, finding Ms.

Gardner eligible for compensation. Subsequently, on February 1, 2023, the respondent filed a proffer on award of compensation.

The proffer indicated that Ms. Gardner should be awarded $96,175.91, which included $85,000.00 for pain and suffering, $3,683.66 for unreimbursed expenses, and $7,492.25 for lost wages.

The proffer stated that Ms. Gardner agreed with the proffered award.

On March 6, 2023, Chief Special Master Corcoran issued a decision awarding Ms. Gardner a lump sum payment of $96,175.91, representing the stipulated amounts for pain and suffering, unreimbursed expenses, and lost wages.

Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent was represented by Parisa Tabbassian of the U.S.

Department of Justice.