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.
Theory of causation
Petitioner Kimberly Sewell received a TDaP vaccine on September 13, 2011, and subsequently developed Guillain-Barré Syndrome (GBS), which she alleged was caused-in-fact by the vaccine and resulted in residual effects lasting over six months. The respondent denied causation. The parties reached a joint stipulation on August 23, 2017, agreeing to settle the case. Special Master Gowen found the stipulation reasonable and adopted it. The award was $850,000.00, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). Petitioner's counsel was Anne C. Toale, and respondent's counsel was Jennifer L. Reynaud. The public decision does not specify the medical experts or the precise mechanism of causation, nor does it detail the petitioner's specific medical condition or treatment beyond the diagnosis of GBS.
Source PDFs
USCOURTS-cofc-1_12-vv-00124