J.T. v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 12-618V Filed: August 10, 2017 Not to be Published.

************************************* J.T., *

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Petitioner, *

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v. * Tetanus-diphtheria-acellular

* pertussis (Tdap); Table brachial SECRETARY OF HEALTH * neuritis; respondent concedes AND HUMAN SERVICES, * entitlement

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Respondent. *

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************************************* Lisa A. Roquemore, Rancho Santa Margarita, CA, for petitioner.

Lisa A. Watts, Washington, DC, for respondent.

MILLMAN, Special Master

RULING ON ENTITLEMENT 1

On September 19, 2012, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine he received on October 1, 2009 caused him neurological injury. Pet. at ¶¶ 1 and 2.

On December 10, 2012, the undersigned held the first telephonic status conference in this case. Respondent’s counsel stated that this might be a conceded case of a Table brachial neuritis. Respondent wanted to file a Rule 4(c) Report. The undersigned gave petitioner until February 1, 2013 to make a demand on respondent.

On December 18, 2012, respondent filed his Rule 4(c) Report conceding entitlement, i.e., that the Tdap vaccine caused petitioner’s left brachial neuritis, a Table injury. Respt’s Rep. at 6- 7. This case has been in damages since then. It is on the cusp of resolution by proffer.

On August 10, 2017, respondent informally requested by e-mail to the undersigned’s law clerk that the undersigned issue a ruling on entitlement. The undersigned GRANTS respondent’s informal request.

The undersigned rules that petitioner is entitled to damages.

IT IS SO ORDERED.

Dated: August 10, 2017 /s/ Laura D. Millman

Laura D. Millman Special Master