Lance Buterbaugh v. HHS - Tdap, Guillain-Barré Syndrome (2016)
Case summary [AI summaries can sometimes make mistakes]
Lance Buterbaugh filed a petition for compensation on February 12, 2014, alleging that the Tetanus-diphteria-acellular Pertussis (Tdap) vaccine, received on February 23, 2012, caused him to suffer Guillain-Barré Syndrome (GBS). The Tdap vaccine is listed on the Vaccine Injury Table.
Mr. Buterbaugh further alleged that he suffered residual effects from this injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Buterbaugh's GBS or any other injury.
Despite the denial, the parties reached a joint stipulation for compensation. The stipulation was found reasonable by Special Master Christian J.
Moran. Mr.
Buterbaugh was awarded a lump sum payment of $165,000.00, representing compensation for all damages available under the program. The decision directed that judgment be entered according to the stipulation.
Petitioner counsel was Ronald Homer of Conway, Homer & Chin-Caplan, P.C., and respondent counsel was Linda Renzi of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Lance Buterbaugh alleged that the Tdap vaccine, received on February 23, 2012, caused Guillain-Barré Syndrome (GBS), an injury listed on the Vaccine Injury Table, and that residual effects lasted more than six months. Respondent denied causation. The parties reached a joint stipulation for compensation, which Special Master Christian J. Moran found reasonable. The award was a lump sum of $165,000.00. Petitioner counsel was Ronald Homer, and respondent counsel was Linda Renzi. The public decision does not detail the specific mechanism of causation or name any experts.
Source PDFs
USCOURTS-cofc-1_14-vv-00127