Stephen Wallen v. HHS - Tdap, Guillain-Barré Syndrome (GBS) (2015)
Case summary [AI summaries can sometimes make mistakes]
Stephen Wallen filed a petition on January 13, 2015, alleging that he suffered from Guillain-Barré Syndrome (GBS) caused by a tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on July 5, 2011. He further alleged that he experienced residual effects of the injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Wallen's GBS or any other injury.
Despite the respondent's denial, the parties reached a stipulation to resolve the case. Special Master Laura D.
Millman adopted the stipulation, awarding Mr. Wallen $100,000.00 as compensation for all damages.
The award was to be in the form of a check for $100,000.00 made payable to the petitioner. Subsequently, on February 9, 2015, the parties filed a stipulation regarding attorneys' fees and costs.
Mr. Wallen requested $21,950.00, which the respondent did not object to.
Special Master Millman found this amount to be reasonable and awarded it, payable jointly to Mr. Wallen and his attorneys, Maglio, Christopher, & Toale, P.A.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner Stephen Wallen alleged that his Guillain-Barré Syndrome (GBS) was caused by a Tdap vaccine received on July 5, 2011, and that he experienced residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded $100,000.00 for all damages. Attorneys' fees and costs of $21,950.00 were also awarded, payable jointly to petitioner and Maglio, Christopher, & Toale, P.A. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_14-vv-00209