Paul Balek v. HHS - Tdap, Complex Regional Pain Syndrome (CRPS) (2018)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Paul Balek filed a claim on April 6, 2015, alleging that he suffered from Complex Regional Pain Syndrome (CRPS) caused by a tetanus-diphtheria (Tdap) vaccine administered on August 14, 2012. He further alleged that the residual effects of this injury lasted for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused the petitioner's CRPS or any other injury. The parties subsequently reached a stipulation to resolve the case informally.
Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable.
The court adopted the stipulation and awarded Paul Balek $25,000.00 in compensation for all damages. The award was to be paid as a lump sum check made payable to the petitioner.
Edward M. Kraus represented the petitioner, and Camille M.
Collett represented the respondent. The decision was issued on April 6, 2018.
Theory of causation
Petitioner alleged that a Tdap vaccine administered on August 14, 2012, caused him to suffer from Complex Regional Pain Syndrome (CRPS) with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation, awarding $25,000.00 in damages. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical information regarding the alleged CRPS or its onset. The attorneys involved were Edward M. Kraus for the petitioner and Camille M. Collett for the respondent. Special Master Laura D. Millman issued the decision on April 6, 2018.
Source PDFs
USCOURTS-cofc-1_15-vv-00750