Barry George Jackson v. HHS - Tdap, encephalitis, shoulder pain, brachial neuritis, GBS, joint pain, and headaches (2020)
Case summary [AI summaries can sometimes make mistakes]
Barry George Jackson filed a petition for compensation under the National Vaccine Injury Compensation Program on May 13, 2015. He alleged that on May 29, 2012, he received Tdap and varicella vaccinations, and subsequently suffered from encephalitis, shoulder pain, brachial neuritis, Guillain-Barré Syndrome (GBS), joint pain, and headaches.
Mr. Jackson further alleged that the residual effects of these injuries persisted for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the Tdap and/or varicella vaccines caused the petitioner's alleged injuries and residual effects. Despite the respondent's denial, the parties filed a joint stipulation on June 3, 2020, agreeing to an award of compensation.
Special Master Daniel T. Horner reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.
Pursuant to the stipulation, Barry George Jackson was awarded a lump sum of $35,000.00, payable by check to the petitioner. This amount was intended to compensate for all items of damages available under the Vaccine Act.
The decision was entered on July 1, 2020. The public decision does not describe the specific onset of symptoms, clinical details of the alleged injuries, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccines allegedly caused the injuries.
Petitioner was represented by Neal Jordan Fialkow, Esq., and respondent was represented by Voris Edward Johnson. The specific details of the stipulation are not fully described in the provided text.
Theory of causation
Petitioner Barry George Jackson alleged that Tdap and varicella vaccinations administered on May 29, 2012, caused encephalitis, shoulder pain, brachial neuritis, GBS, joint pain, and headaches, with residual effects lasting over six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which Special Master Daniel T. Horner found reasonable and adopted. Petitioner was awarded $35,000.00 as a lump sum. The public decision does not specify the theory of causation, the medical experts consulted, or the mechanism of injury. The case was resolved via stipulation, not through litigation of the causation theory. Petitioner's counsel was Neal Jordan Fialkow, Esq., and respondent's counsel was Voris Edward Johnson. The decision date was July 1, 2020.
Source PDFs
USCOURTS-cofc-1_15-vv-00492