Dorothy Archibong v. HHS - Tdap, Guillian-Barré syndrome (“GBS”), demyelinating disease, and chronic inflammatory demyelinating polyneuropathy (“CIDP”) (2016)
Case summary [AI summaries can sometimes make mistakes]
Dorothy Archibong filed a petition on April 14, 2016, alleging that a Tetanus, Diptheria acellular Pertussis (TDaP) vaccine administered on February 15, 2011, caused her to suffer from Guillain-Barré syndrome (GBS), demyelinating disease, and chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused any injury.
However, the parties filed a joint stipulation for damages, agreeing that compensation should be awarded. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
Petitioner was awarded a lump sum of $750,000.00, payable to Petitioner, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was issued on May 6, 2016.
Petitioner was represented by Martin Jeffrey Rubenstein, and Respondent was represented by Gordon Elliot Shemin.
Theory of causation
Petitioner Dorothy Archibong alleged that a TDaP vaccine administered on February 15, 2011, caused her to suffer from Guillain-Barré syndrome (GBS), demyelinating disease, and chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award of $750,000.00. The Special Master adopted the stipulation as the decision of the Court. The public decision does not describe the specific theory of causation, medical experts, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_13-vv-00944