Matthew Forrest Kierzek v. HHS - Tdap, Guillain-Barré Syndrome (2014)
Case summary [AI summaries can sometimes make mistakes]
On May 13, 2014, Matthew Forrest Kierzek filed a petition alleging that he suffered from Guillain-Barré Syndrome (GBS) caused by a Tetanus-diphtheria-acellular-pertussis (Tdap) vaccine he received on January 22, 2013. He further alleged that he experienced residual effects from the GBS for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused the petitioner's GBS or any other injuries. The parties subsequently reached a stipulation to resolve the case.
Special Master Laura D. Millman adopted the stipulation, awarding Matthew Forrest Kierzek a total of $117,123.50 for all damages.
Additionally, the Special Master awarded $11,181.43 for attorneys' fees and costs, payable jointly to the petitioner and his attorneys, Mark L. Krueger of Baraboo, WI, and Krueger & Hernandez, S.C.
Petitioner was also awarded $19.99 for out-of-pocket costs, payable to him. The total compensation awarded was $128,324.99.
The respondent was represented by Lara A. Englund of Washington, DC.
The decision was based on a stipulation and was not intended for publication.
Theory of causation
Petitioner alleged that his Guillain-Barré Syndrome (GBS) was caused by a Tdap vaccine received on January 22, 2013, and that he experienced residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case. The public decision does not describe the specific medical mechanism, expert testimony, or clinical details of the alleged injury or its onset. Special Master Laura D. Millman awarded a total of $117,123.50 for damages, $11,181.43 for attorneys' fees and costs (payable jointly to petitioner and Krueger & Hernandez, S.C.), and $19.99 for petitioner's out-of-pocket costs, totaling $128,324.99. Petitioner's counsel was Mark L. Krueger; respondent's counsel was Lara A. Englund. The decision was issued on May 13, 2014.
Source PDFs
USCOURTS-cofc-1_13-vv-00701