Terese Wackrow v. HHS - Tdap, Guillain-Barré Syndrome (2015)

Filed 2013-07-19Decided 2015-04-30Vaccine Tdap
compensated$49,908

Case summary [AI summaries can sometimes make mistakes]

Terese Wackrow filed a petition on July 19, 2013, alleging that a Tdap (tetanus, diphtheria, pertussis) vaccination she received on July 23, 2010 caused her to develop Guillain-Barré Syndrome (GBS). Respondent denied that the vaccination caused any injury to petitioner.

Nonetheless, both parties agreed to a joint stipulation filed April 7, 2015 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 $35,000.00 in direct compensation, plus $14,908.00 for reimbursement of a Medicaid lien payable jointly to petitioner and County Medical Services of San Diego County, for total compensation of $49,908.00 under 42 U.S.C. § 300aa-15(a). The Court also awarded attorneys' fees and costs of $9,327.44, payable jointly to petitioner and her counsel, Diana L.

Stadelnikas Sedar of Maglio, Christopher & Toale, PA. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation

Tdap Jul 23, 2010 → GBS. Joint stipulation Apr 7, 2015; SM Hamilton-Fieldman. Comp $49,908 ($35,000 lump sum + $14,908 Medicaid lien reimbursement, both § 300aa-15(a)). Fees $9,327.44 (Sedar, Maglio Christopher and Toale PA, Sarasota FL).

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