Dipak Choksi v. HHS - Tdap, Guillain-Barre syndrome (2015)
Case summary [AI summaries can sometimes make mistakes]
Dipak Choksi filed a petition for compensation under the National Vaccine Injury Compensation Program on July 22, 2014. He alleged that he developed Guillain-Barre syndrome (GBS) as a result of receiving a Tdap vaccine on July 14, 2013, and that he experienced residual effects of his injuries for more than six months.
The respondent denied that the Tdap vaccine caused or significantly aggravated the petitioner's alleged injuries or any other injury, and denied that the petitioner's current disabilities were the result of a vaccine-related injury. Despite the respondent's denials, the parties reached a settlement.
On August 18, 2015, they filed a joint stipulation agreeing to settle the case. The respondent agreed to pay the petitioner a lump sum of $375,250.00 as compensation for all damages available under the program.
Special Master Thomas L. Gowen adopted the parties' stipulation and awarded the compensation.
Subsequently, on November 20, 2015, the parties filed a stipulation concerning attorneys' fees and costs. The petitioner requested a total award of $33,000.00 for attorneys' fees and costs, and the respondent did not object.
Special Master Gowen granted this request, ordering that an award be made in the form of a check jointly payable to the petitioner and his attorney, Amber D. Wilson of Maglio Christopher & Toale, in the amount of $33,000.00.
The case was resolved through these joint stipulations.
Theory of causation
Petitioner Dipak Choksi alleged that he developed Guillain-Barre syndrome (GBS) caused in fact by the Tdap vaccine he received on July 14, 2013, and that he experienced residual effects for more than six months. Respondent denied causation and aggravation. The parties reached a settlement, and Special Master Thomas L. Gowen adopted their joint stipulation. Petitioner was awarded $375,250.00 for all damages. Attorneys' fees and costs were subsequently awarded as $33,000.00, jointly payable to petitioner and attorney Amber D. Wilson. The public decision does not describe the specific medical experts, clinical details of the injury onset or progression, diagnostic tests, treatments, or the mechanism of causation. The theory of causation was not litigated to a decision on the merits, as the case was resolved via stipulation. The award was based on a settlement, not a finding of fact or law regarding the cause of the injury.
Source PDFs
USCOURTS-cofc-1_14-vv-00641