Bert Barclay v. HHS - Tdap, brachial neuritis (2025)

Filed 2024-02-08Decided 2025-05-22Vaccine Tdap
compensated$135,287

Case summary [AI summaries can sometimes make mistakes]

Bert Barclay filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered brachial neuritis as a result of a Tdap vaccination he received on May 6, 2022. The respondent conceded that Mr.

Barclay's injury was consistent with brachial neuritis as defined by the Vaccine Injury Table, noting that his symptoms first manifested between two and twenty-eight days after vaccination, he received a clinical diagnosis of brachial plexopathy and Parsonage-Turner syndrome, and his EMG findings were consistent with brachial neuritis. The respondent also confirmed that no other condition or abnormality was identified to explain his symptoms and that his injury persisted for more than six months.

The case was timely filed, the vaccine was received in the United States, and Mr. Barclay satisfied the statutory severity requirement.

The respondent further agreed that the case was appropriate for compensation. Based on the respondent's concession and the evidence, the court found Mr.

Barclay entitled to compensation. Subsequently, the respondent proffered an award of $130,000.00 for pain and suffering and $5,287.83 for past unreimbursable expenses, which Mr.

Barclay agreed to. The court awarded a total lump sum of $135,287.83.

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