Vijay Patel v. HHS - Tdap, Guillain-Barré syndrome (2015)

Filed 2015-03-26Decided 2015-08-24Vaccine Tdap
compensated$317,534

Case summary [AI summaries can sometimes make mistakes]

Vijay Patel filed a petition under the National Vaccine Injury Compensation Program on May 2, 2012, alleging that he suffered Guillain-Barré syndrome (GBS) and related complications as a result of receiving a Tetanus-diphtheria-acellular pertussis (Tdap) vaccine. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr.

Patel's GBS. Despite maintaining their respective positions, both parties agreed to settle the case.

On March 25, 2015, they filed a stipulation proposing an award of $290,000.00 for all damages, plus an additional $2,907.67 to satisfy a New York Medicaid lien. Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision and awarding the compensation. Subsequently, on August 3, 2015, the parties filed another stipulation proposing an award of $27,534.96 for attorney's fees and costs.

Mr. Patel represented that he incurred no reimbursable costs.

Special Master Corcoran also approved this stipulation, ordering that the award be made in the form of a check payable jointly to Petitioner and his counsel, Anne Carrion Toale. The public decision does not describe the onset of symptoms, specific clinical details, or expert testimony.

Theory of causation

Petitioner Vijay Patel alleged that he suffered Guillain-Barré syndrome (GBS) and related complications as a result of receiving a Tetanus-diphtheria-acellular pertussis (Tdap) vaccine. The respondent denied causation. The parties resolved the case by stipulation. The public decision does not specify the date of vaccination, the date of symptom onset, the specific mechanism of injury, or name any experts. The case was settled for a total of $290,000.00 for damages, $2,907.67 for a Medicaid lien, and $27,534.96 for attorney's fees and costs. Special Master Brian H. Corcoran approved the stipulations on April 16, 2015, and August 24, 2015. Petitioner's counsel was Anne Carrion Toale, and respondent's counsel was Althea Walker Davis.

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