Kevin Mancilla Lopez v. HHS - Tdap, Guillain-Barre Syndrome (GBS) and/or Acute Disseminated Encephalomyelitis (ADEM) (2017)
Case summary [AI summaries can sometimes make mistakes]
Kevin Mancilla Lopez filed a petition on October 26, 2012, alleging that he developed Guillain-Barré Syndrome (GBS) and/or Acute Disseminated Encephalomyelitis (ADEM) as a result of receiving multiple vaccinations on January 7, 2011: tetanus-diphtheria-acellular pertussis (TDaP), hepatitis B, inactivated polio (IPV), measles-mumps-rubella (MMR), hepatitis A, and human papillomavirus (HPV). Respondent denied that any of the vaccinations caused petitioner's injury.
Nonetheless, the parties agreed to settle the case. On October 27, 2016, the parties filed a joint stipulation agreeing to the settlement terms.
Special Master Roth adopted the stipulation as the decision of the Court. Petitioner received a lump sum of $1,230,510.37, comprising $172,844.07 for first year life care expenses, $728,776.59 for lost earnings, $245,000.00 for pain and suffering, and $83,889.71 for past unreimbursable expenses, plus an annuity for future compensation.
In addition, respondent issued a separate lump sum of $20,712.20 to reimburse a California Medicaid lien, payable jointly to petitioner and the California Department of Health Care Services.
Theory of causation
TDaP + hepatitis B + IPV + MMR + hepatitis A + HPV (Jan 7, 2011) → GBS/ADEM. Joint stipulation Oct 27, 2016; SM Roth. Lump $1,230,510.37 (life care $172,844 + lost earnings $728,777 + pain/suffering $245,000 + past expenses $83,890) + CA Medicaid lien $20,712.20 + annuity (Krueger, Krueger & Hernandez, Baraboo WI).
Source PDFs
USCOURTS-cofc-1_12-vv-00729