Timothy Kelly v. HHS - Tdap, Guillain-Barre syndrome (2016)

Timothy Kelly filed a petition for compensation under the National Vaccine Injury Compensation Program on January 20, 2015. He alleged that he suffered from Guillain-Barre syndrome (GBS) after receiving a Tetanus, Diphtheria, Pertussis (Tdap) vaccine on October 17, 2013, and an influenza (flu) vaccine on October 18, 2013.

Mr. Kelly further alleged that the vaccinations were administered in the United States, that he experienced residual effects of the injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on his behalf.

The respondent denied that the Tdap and flu vaccines caused Mr. Kelly to suffer from GBS or any other injury or his current condition.

Despite the respondent's denial, the parties filed a joint stipulation for damages on July 26, 2016. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court.

Mr. Kelly was awarded a lump sum of $268,214.99, representing compensation for first-year life care expenses ($66,539.28) and pain and suffering ($201,675.71).

This lump sum was to be paid as a check to the petitioner. Additionally, an amount sufficient to purchase an annuity contract, as described in the stipulation, was awarded.

These amounts were stipulated to represent all remaining elements of compensation to which Timothy Kelly would be entitled. Maximillian Muller of Muller Brazil, LLP, represented the petitioner, and Sarah Duncan of the U.S.

Department of Justice represented the respondent. The decision was issued on October 6, 2016.