This case arises out of a devastating adverse reaction by a Missouri resident to a tetanus, diphtheria, pertussis (Tdap) vaccine. This vaccine had been administered to the then fifty-eight (58) year old financial planner who had formerly served as mayor of the small community where she lived. The plaintiff sustained encephalopathy and profound, irreversible brain injury.
The vaccine was administered at a local public health clinic in preparation for an overseas trip that the Plaintiff was planning with her husband. The Plaintiff had been advised that she should receive the Tdap vaccination to protect her from the above diseases.
The vaccine was administered at the Clay County Public Health Center in Excelsior Springs, Missouri on June 22, 2011 in preparation for an overseas trip that C.S. was planning with her husband. Two days later, she collapsed at home and was rushed to the emergency department where she was diagnosed with encephalopathy with resulting severe brain damage.
The parties were able to agree on a life care plan and wage loss claim upon which the settlement was partially based. The settlement takes into account the fact that C.S. has experienced only a most limited recovery. She requires care around the clock and will likely never be able to resume activities of normal living.
The case was filed in Washington D.C. in March 2014 for an ultimate determination of liability. The case was resolved for $7.427 million. JS, as guardian and Conservator for C.S. v. Secretary of Health and Human Services, U.S. Court of Claims: 1:14-vv-00239-UNJ
The legal team at Dempsey Kingsland Osteen works to ensure that the injured are fully compensated for their lasting injuries from medical malpractice or other negligence. We push for comprehensive damages that anticipate the long-term needs of our clients, rather than taking a quick settlement out of convenience.
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