Vaughn Costello v. HHS - Tdap, brachial neuritis (2024)

Vaughn Costello filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he developed brachial neuritis in his right shoulder. He received both an influenza (Flu) vaccine and a tetanus-diphtheria-acellular-pertussis (Tdap) vaccine on November 11, 2021.

Initially, Mr. Costello alleged injury only from the Flu vaccine, but the respondent argued against compensation, stating he had not established a valid causation-in-fact claim.

Mr. Costello later amended his petition to claim injury from both vaccines.

The respondent then conceded entitlement, agreeing that Mr. Costello satisfied the criteria for brachial neuritis resulting from the Tdap vaccine.

The respondent noted that the injury presented as pain in the right arm and shoulder within two to 28 days of vaccination, EMG/NCS studies localized the injury to the brachial plexus, and no other condition could explain the symptoms. The case is proceeding to the damages phase.

The respondent maintained that Mr. Costello had not established a causation-in-fact claim for the Flu vaccine.