Brian Randall v. HHS - Tdap, Guillain-Barré Syndrome and chronic inflammatory demyelinating polyneuropathy (CIDP) (2017)
Case summary [AI summaries can sometimes make mistakes]
Brian Randall filed a petition on May 17, 2013, alleging that a tetanus, diphtheria and pertussis (Tdap) vaccination he received on September 6, 2011, caused him to develop Guillain-Barré Syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP), and that he experienced residual effects of these injuries for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused any injury to the petitioner.
Despite the denial, both parties filed a joint stipulation on June 16, 2016, agreeing to settle the case. Special Master Thomas L.
Gowen reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. As part of the stipulation, petitioner Brian Randall was awarded a lump sum of $400,000.00, payable by check to the petitioner.
This amount was designated as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was issued on January 27, 2017.
Petitioner's counsel was Franklin J. Caldwell, Jr. of Maglio, Christopher & Toale.
Respondent's counsel was Gordon E. Shemin of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation.
Theory of causation
Petitioner Brian Randall received a Tdap vaccination on September 6, 2011, and subsequently alleged development of Guillain-Barré Syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP) with residual effects lasting more than six months. The respondent denied causation. The parties reached a joint stipulation on June 16, 2016, to settle the case. Special Master Thomas L. Gowen adopted the stipulation, awarding petitioner $400,000.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific medical mechanism of injury, expert testimony, or the specific evidence considered beyond the stipulation. Petitioner was represented by Franklin J. Caldwell, Jr. (Maglio, Christopher & Toale), and respondent by Gordon E. Shemin (U.S. Department of Justice).
Source PDFs
USCOURTS-cofc-1_13-vv-00337