Paul Grabarek v. HHS - Tdap, chronic inflammatory demyelinating polyradiculoneuropathy (CIDP) (2014)
Case summary [AI summaries can sometimes make mistakes]
Paul Grabarek filed a petition on October 21, 2013, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccination he received on July 21, 2011, caused him to develop chronic inflammatory demyelinating polyradiculoneuropathy (CIDP). The respondent denied that the Tdap vaccine caused Mr.
Grabarek's alleged CIDP or any other injury. The parties subsequently filed a joint stipulation on September 19, 2014, to settle the case.
Special Master Christian J. Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.
Under the terms of the stipulation, Mr. Grabarek was awarded a lump sum payment of $340,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
Additionally, attorneys' fees and costs totaling $27,632.00 were awarded, payable jointly to Mr. Grabarek and his attorney, Edward Kraus of the Law Offices Chicago-Kent College of Law.
Out-of-pocket expenses of $1,104.91 were also awarded to Mr. Grabarek.
The decision does not describe the onset of symptoms, specific medical tests, or treatments. The public decision does not name any medical experts or detail the specific mechanism of injury.
Theory of causation
Petitioner Paul Grabarek alleged that the Tdap vaccine received on July 21, 2011, caused him to develop chronic inflammatory demyelinating polyradiculoneuropathy (CIDP). Respondent denied causation. The parties reached a joint stipulation on September 19, 2014, which was adopted by Special Master Christian J. Moran on October 28, 2014. The stipulation resulted in a compensated award of $340,000.00 for all damages under 42 U.S.C. § 300aa-15(a), plus $27,632.00 for attorneys' fees and costs and $1,104.91 for out-of-pocket expenses. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, relying instead on the joint stipulation for resolution.
Source PDFs
USCOURTS-cofc-1_13-vv-00817