Brandy Humphries v. HHS - Tdap, Guillain-Barré Syndrome (2015)

Filed 2015-02-13Decided 2015-07-29Vaccine Tdap
compensated$147,238

Case summary [AI summaries can sometimes make mistakes]

Brandy Humphries filed a petition on February 13, 2015, alleging that she developed Guillain-Barré Syndrome (GBS) caused by a Tdap vaccine she received on June 9, 2011. She further alleged that she suffered residual effects from the GBS for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused or aggravated her GBS, and also denied that she experienced symptoms for more than six months. The parties reached a stipulation to resolve the case.

Special Master Laura D. Millman adopted the stipulation, awarding Brandy Humphries a lump sum of $120,000.00, payable to her.

Additionally, $7,238.36 was awarded to reimburse a Medicaid lien, payable jointly to Ms. Humphries and the Colorado Department of Health Care Policy and Financing.

This award represented compensation for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on July 29, 2015, the parties filed a separate stipulation regarding attorneys' fees and costs.

Following informal discussions where the respondent raised objections to certain items in the petitioner's initial application, the petitioner amended her application to $27,500.00. The respondent did not object to this revised amount.

Special Master Millman found the amount reasonable and awarded $27,500.00 for attorneys' fees and costs, payable jointly to Brandy Humphries and her attorney, Howie Law, P.C. The total compensation awarded in this case was $147,238.36.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Petitioner was represented by John R.

Howie, Jr., and respondent was represented by Darryl R. Wishard.

Theory of causation

Petitioner Brandy Humphries alleged that her Guillain-Barré Syndrome (GBS) was caused by a Tdap vaccine administered on June 9, 2011, and that she suffered residual effects for more than six months. Respondent denied causation and aggravation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded $120,000.00 for damages and $7,238.36 for a Medicaid lien reimbursement, totaling $127,238.36. Attorneys' fees and costs of $27,500.00 were awarded separately, bringing the total award to $147,238.36. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the Tdap vaccine allegedly caused GBS. The case was resolved via stipulation rather than litigation on the merits of causation.

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