Joseph Corona v. HHS - Tdap, Guillain-Barré Syndrome (“GBS”) (2015)

Filed 2013-12-26Decided 2015-12-14Vaccine Tdap
compensated$100,000

Case summary [AI summaries can sometimes make mistakes]

Joseph Corona filed a petition for compensation on December 26, 2013, alleging that the Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccine, received on April 4, 2012, caused him to suffer Guillain-Barré Syndrome (GBS). The respondent denied that the Tdap immunization caused Mr.

Corona's GBS or any other injury or his current condition. The parties reached a stipulation regarding compensation.

On April 15, 2015, Special Master Christian J. Moran adopted the stipulation and awarded Mr.

Corona $100,000.00 in compensation for all damages. This award was in the form of a check payable to Joseph Corona.

Subsequently, on November 9, 2015, the parties filed a stipulation for attorneys' fees and costs. Petitioner's counsel, F.

John Caldwell, Jr. of Maglio, Christopher & Toale, PA, initially submitted an application for fees and costs, to which the respondent raised objections. Following discussions, the application was amended to request $23,006.35, an amount to which the respondent did not object.

On November 10, 2015, Special Master Christian J. Moran issued a decision on fees and costs, awarding the stipulated amount of $23,006.35.

This award was in the form of a check made payable to both Joseph Corona and his attorney, F. John Caldwell, Jr.

The total compensation awarded to Mr. Corona was $123,006.35.

Theory of causation

Petitioner Joseph Corona alleged that the Tdap vaccine, received on April 4, 2012, caused Guillain-Barré Syndrome (GBS). The respondent denied causation. The parties reached a stipulation for compensation, and the Special Master adopted it. The public decision does not describe the specific medical theory of causation, expert testimony, or the mechanism by which the vaccine allegedly caused GBS. The case was resolved via stipulation. The Tdap vaccine is listed on the Vaccine Injury Table for GBS. Special Master Christian J. Moran adopted the stipulation on April 15, 2015, awarding $100,000.00 for all damages. Attorneys' fees and costs of $23,006.35 were awarded on November 10, 2015, bringing the total award to $123,006.35. Petitioner was represented by F. John Caldwell, Jr. of Maglio, Christopher & Toale, PA, and the respondent was represented by Justine Walters of the U.S. Dep’t of Justice.

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