Greta Lowther v. HHS - Tdap, Guillain-Barré Syndrome (2014)

Greta Lowther filed a petition on May 2, 2012, alleging that a tetanus, diphtheria and pertussis (Tdap) vaccination she received on October 17, 2011 caused her to develop Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months. Respondent denied that the Tdap vaccine caused petitioner's GBS or any other injury.

Nonetheless, both parties agreed in a joint stipulation filed April 8, 2014 to settle the case. Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received: a lump sum of $66,633.55 representing a Vermont Medicaid lien, payable jointly to petitioner and Vermont DVHA/HP-Financial Services (which petitioner agreed to endorse to the state); and a lump sum of $125,000.00, representing compensation for all remaining damages available under 42 U.S.C. § 300aa-15(a), payable to petitioner. On May 5, 2014, the parties filed a stipulation for attorneys' fees and costs.

Special Master Hamilton-Fieldman awarded $22,657.05, payable jointly to petitioner and her counsel, Anne Carrion Toale of Maglio, Christopher & Toale. Petitioner had not personally incurred any litigation costs.