Adam Raszkiewicz v. HHS - Tdap, Guillain-Barré syndrome (“GBS”) (2016)
Case summary [AI summaries can sometimes make mistakes]
Adam Raszkiewicz filed a petition for compensation on May 18, 2015, alleging that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine, received on April 21, 2014, caused him to develop Guillain-Barré syndrome (GBS). The Tdap vaccine is listed on the Vaccine Injury Table.
Respondent, the Secretary of Health and Human Services, denied that the vaccination caused Mr. Raszkiewicz's GBS.
Despite this denial, the parties reached a joint stipulation to resolve the case. Special Master Christian J.
Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Mr.
Raszkiewicz a lump sum payment of $145,000.00, payable by check to him, as compensation for all damages. The decision and award were issued on March 14, 2016.
The public decision does not describe the onset of symptoms, specific clinical details, or any expert testimony. Petitioner was represented by Robert J.
Krakow of the Law Office of Robert J. Krakow, P.C., and Respondent was represented by Darryl R.
Wishard of the U.S. Department of Justice.
Theory of causation
Petitioner Adam Raszkiewicz alleged that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on April 21, 2014, caused Guillain-Barré syndrome (GBS). The Tdap vaccine is listed on the Vaccine Injury Table, which creates a presumption of causation for GBS. Respondent denied causation. The parties entered into a joint stipulation, which Special Master Christian J. Moran adopted. The stipulation resulted in an award of $145,000.00 for all damages. The public decision does not detail the specific mechanism of causation, expert testimony, or clinical evidence presented. Petitioner counsel was Robert J. Krakow, and Respondent counsel was Darryl R. Wishard. The decision date was March 14, 2016.
Source PDFs
USCOURTS-cofc-1_15-vv-00509