Hector Trejo v. HHS - Tdap, Guillain-Barré Syndrome (GBS) (2015)

Filed 2013-09-09Decided 2015-03-27Vaccine Tdap
compensated$150,000

Case summary [AI summaries can sometimes make mistakes]

Hector Trejo, pro se, filed a petition on September 9, 2013, under the National Vaccine Injury Compensation Program. He alleged that a Tetanus, Diphtheria and Acellular Pertussis (Tdap) vaccine administered on September 6, 2010, caused him to develop Brachial Neuritis.

In the subsequent joint stipulation, the alleged injury was described as Guillain-Barré Syndrome (GBS). The respondent denied that the Tdap vaccine caused Petitioner's alleged GBS or any other injury.

Despite the denial of causation, both parties agreed to a joint stipulation filed on March 2, 2015, to settle the case. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.

Petitioner was awarded compensation in the form of a lump sum of $150,000.00 for all damages available under 42 U.S.C. § 300aa-15(a), plus a lump sum of $7,587.00 for litigation costs, and a lump sum of $4,500.00 for alternative dispute resolution services provided by Gary J. Golkiewicz.

An additional amount was awarded to purchase an annuity contract for future expenses. The decision was issued on March 27, 2015.

The public decision does not describe the onset of symptoms, specific clinical details, medical tests, or treatments. The specific mechanism of causation was not detailed in the public decision.

Theory of causation

Petitioner Hector Trejo alleged that a Tdap vaccine administered on September 6, 2010, caused Brachial Neuritis, which was later described in a stipulation as Guillain-Barré Syndrome (GBS). The respondent denied causation. The parties entered into a joint stipulation on March 2, 2015, agreeing to a settlement. Special Master Hamilton-Fieldman adopted the stipulation as the Court's decision. Petitioner received a lump sum of $150,000.00 for damages, $7,587.00 for litigation costs, and $4,500.00 for alternative dispute resolution (ADR) costs paid to Gary J. Golkiewicz, plus an amount for an annuity. The public decision does not detail the specific medical mechanism, expert testimony, or the evidence considered for causation, other than the agreement to settle.

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