Jeremy Hershberger v. HHS - Tdap, brachial neuritis (2024)

Jeremy Hershberger filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered brachial neuritis as a result of a Tdap vaccine he received on October 11, 2021. He stated that the injury lasted longer than six months and that he had not received prior compensation for this injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Hershberger was entitled to compensation.

The respondent agreed that the injury was consistent with brachial neuritis as defined by the Vaccine Injury Table, that the onset occurred between two and twenty-eight days after vaccination, and that medical evidence supported the diagnosis. The respondent also confirmed that the injury persisted for more than six months, the case was timely filed, and the vaccine was administered in the United States.

Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Mr. Hershberger entitled to compensation.

Subsequently, the respondent filed a proffer on award of compensation, recommending a total award of $123,282.93, which included $120,000.00 for pain and suffering and $3,282.93 for past unreimbursable expenses. Mr.

Hershberger agreed with this proposed award. The Chief Special Master issued a decision awarding the proffered amount, concluding the case.