Nicholas Buneo v. HHS - Tdap, Guillain-Barré Syndrome (GBS) (2015)
Case summary [AI summaries can sometimes make mistakes]
Nicholas Buneo filed a petition alleging that he suffered from Guillain-Barré Syndrome (GBS) caused by a Tdap vaccine he received on August 31, 2010. He claimed to have experienced residual effects from the injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Buneo's GBS or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury.
Despite these denials, the parties reached a stipulation to resolve the matter informally. Special Master Laura D.
Millman adopted the stipulation and awarded Mr. Buneo $218,000.00 in compensation for all damages, to be paid via check.
A separate decision, also based on a stipulation, awarded $9,450.00 for attorneys' fees and costs, payable jointly to petitioner and Calli, Calli, and Cully, and $400.00 for petitioner's costs, payable to petitioner. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner Nicholas Buneo alleged that his Guillain-Barré Syndrome (GBS) was caused by a Tdap vaccination received on August 31, 2010, and that he experienced residual effects for more than six months. The respondent denied causation. The parties reached a stipulation to resolve the case. The public decision does not detail the specific theory of causation, medical experts, or evidence presented. Special Master Laura D. Millman awarded $218,000.00 for all damages based on the stipulation, with an additional $9,450.00 for attorneys' fees and costs and $400.00 for petitioner's costs, also by stipulation. The decision date for the damages award was January 5, 2015, and for fees and costs was January 8, 2015. Petitioner's counsel was Herbert J. Cully, and respondent's counsel was Linda S. Renzi.
Source PDFs
USCOURTS-cofc-1_13-vv-00589