Kimberly Sewell v. HHS - Tdap, Guillain-Barré Syndrome (GBS) (2017)
Case summary [AI summaries can sometimes make mistakes]
On February 23, 2012, Kimberly Sewell filed a petition in the National Vaccine Injury Compensation Program, alleging that a tetanus-diphtheria-acellular pertussis (TDaP) vaccination administered on September 13, 2011, caused her to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the TDaP vaccine caused petitioner's GBS or any other injury.
Despite these denials, both parties entered into a joint stipulation on August 23, 2017, to settle the case. Special Master Thomas L.
Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $850,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
Petitioner's counsel was Anne C. Toale of Maglio Christopher and Toale.
Respondent's counsel was Jennifer L. Reynaud of the United States Department of Justice.
The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party. The decision also does not detail the specific mechanism of causation alleged by the petitioner.
Source PDFs
USCOURTS-cofc-1_12-vv-00124