M.J. v. HHS - DTaP, Guillain-Barré Syndrome (GBS) (2015)

On February 2, 2015, Yaketha Brown, as the parent and natural guardian of her minor daughter M.J., filed a petition seeking compensation for Guillain-Barré Syndrome (GBS) allegedly caused by M.J.'s receipt of diphtheria-tetanus-acellular pertussis (DTaP) and Hepatitis A (Hep A) vaccines on April 2, 2009. Petitioner alleged that M.J. suffered residual effects of the injury for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the vaccines caused M.J.'s GBS or any other injury. Despite maintaining their positions, the parties reached a stipulation to settle the case.

Special Master Laura D. Millman adopted the stipulation and awarded compensation.

The award included a lump sum of $145,000.00 payable to petitioner as guardian of M.J.'s estate. Additionally, a lump sum of $130,779.47 was awarded to satisfy any subrogation rights or liens from WellCare and the State of Georgia related to Medicaid payments made for M.J.'s care.

The total compensation awarded was $275,779.00. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.

The stipulation stated that the DTaP and Hep A vaccines are contained in the Vaccine Injury Table. The settlement represents compensation for all damages available under the National Childhood Vaccine Injury Act.

Petitioner was represented by F. John Caldwell, Jr., and respondent was represented by Ann D.

Martin.