Rigo Guzman v. HHS - Tdap, Guillain-Barre Syndrome (GBS) (2017)

Filed 2017-03-10Decided 2017-09-29Vaccine Tdap
compensated$150,000

Case summary [AI summaries can sometimes make mistakes]

Rigo Guzman filed a petition for compensation under the National Vaccine Injury Compensation Program on January 13, 2016. He alleged that he suffered Guillain-Barre Syndrome (GBS) as a result of his Tetanus-diphtheria-acellular pertussis (Tdap) vaccination on May 23, 2013.

Mr. Guzman further alleged that he experienced residual effects of his condition 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, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Guzman's alleged GBS or any other injury, and further denied that his current disabilities were sequelae of a vaccine-related injury.

Despite the respondent's denial, on March 10, 2017, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the Court's decision.

Mr. Guzman was awarded a lump sum of $150,000.00, payable to him, as compensation for all items of damages available under the Vaccine Act.

The decision directed the clerk of the court to enter judgment in accordance with this decision. Petitioner's counsel was Danielle Anne Strait of Maglio Christopher & Toale, PA, and respondent's counsel was Glenn Alexander MacLeod of the U.S.

Department of Justice. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the mechanism of causation.

Theory of causation

Petitioner Rigo Guzman alleged that his May 23, 2013 Tdap vaccination caused Guillain-Barre Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $150,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

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