Kermit Nelson v. HHS - Tdap, bilateral optic neuritis (2025)
Case summary [AI summaries can sometimes make mistakes]
Kermit Nelson filed a petition on October 27, 2023, alleging that a Tdap vaccine administered on August 2, 2022, significantly aggravated his bilateral optic neuritis. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Petitioner's injury or aggravated his condition, and denied that Petitioner's current condition is a sequela of a vaccine-related injury.
Despite these denials, the parties reached a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court.
The stipulation provided that Petitioner would receive a lump sum of $60,000.00, to be paid through an ACH deposit to Petitioner's counsel's IOLTA account for prompt disbursement to Petitioner. This amount represents compensation for all damages available under the National Vaccine Injury Compensation Program.
The parties jointly filed notice renouncing the right to seek review, expediting the entry of judgment. The public decision does not describe the onset of symptoms, specific clinical details of the condition, any diagnostic tests performed, or treatments received.
The public decision also does not name any medical experts or describe the specific mechanism of causation.
Theory of causation
Petitioner Kermit Nelson alleged that a Tdap vaccine administered on August 2, 2022, significantly aggravated his bilateral optic neuritis. The respondent denied causation. The parties stipulated to an "Off-Table" theory of causation, resulting in an award of $60,000.00. The public decision does not name any experts, describe the mechanism of injury, or provide specific clinical details. Special Master Nora Beth Dorsey issued the decision based on the stipulation on February 10, 2025. Wendy Cox represented the Petitioner, and Ryan Pohlman Miller represented the Respondent.