Lilo Hamper v. HHS - Tdap, Guillain-Barré Syndrome (2014)

Lilo Hamper filed a petition on December 28, 2012, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccination she received on December 22, 2011 caused her to develop Guillain-Barré Syndrome (GBS). The Tdap vaccine is contained in the Vaccine Injury Table.

Respondent denied that the Tdap vaccine caused petitioner to suffer GBS or any other injury. Nonetheless, both parties agreed to a joint stipulation filed May 2, 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 $135,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The parties subsequently agreed to attorneys' fees and costs of $30,725.53, payable jointly to petitioner and her counsel, Danielle Strait of Maglio, Christopher & Toale, along with an additional $210.18 payable directly to petitioner to reimburse her out-of-pocket litigation expenses.