Patsy Nash Russell v. HHS - tetanus, Guillain Barré syndrome (“GBS”) (2014)

Filed 2013-07-05Decided 2014-08-12Vaccine tetanus
compensated$40,000

Case summary [AI summaries can sometimes make mistakes]

Patsy Nash Russell filed a petition on July 5, 2013, alleging that a tetanus vaccination received on September 26, 2010, caused her to develop Guillain-Barré Syndrome (GBS). The respondent denied that the tetanus immunization caused petitioner's GBS or any other injury.

The parties subsequently filed a joint stipulation on July 2, 2014, agreeing to a settlement. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

Petitioner was awarded a lump sum of $40,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Thomas P.

Gallagher. The parties later agreed to attorneys' fees and costs, which were approved by Special Master Dorsey in a decision dated August 12, 2014.

The total award for attorneys' fees and costs was $18,649.98, consisting of a lump sum of $18,500.00 payable jointly to petitioner and her counsel, Thomas P. Gallagher, and $149.98 payable to petitioner for out-of-pocket litigation expenses.

Gordon Shemin represented the respondent. The public decision does not describe the onset of symptoms, specific medical tests, or treatments.

Theory of causation

Petitioner Patsy Nash Russell alleged that a tetanus vaccination administered on September 26, 2010, caused her to develop Guillain-Barré Syndrome (GBS). Respondent denied causation. The parties entered into a joint stipulation on July 2, 2014, agreeing to compensation. Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. Petitioner received $40,000.00 in compensation for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs totaling $18,649.98 were awarded on August 12, 2014, with $18,500.00 payable jointly to petitioner and counsel Thomas P. Gallagher, and $149.98 payable to petitioner for out-of-pocket expenses. The public decision does not detail the specific medical mechanism or expert testimony regarding causation.

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