Annette Eberhart v. HHS - Tdap, Guillain-Barré syndrome (2017)

Filed 2017-01-03Decided 2017-01-31Vaccine Tdap
compensated$84,464

Case summary [AI summaries can sometimes make mistakes]

Annette Eberhart filed a petition on January 3, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from Guillain-Barré syndrome (GBS) as a result of receiving a Tetanus-diphtheria-acellular pertussis (Tdap) vaccine on February 7, 2013, and that she experienced residual effects for more than six months.

The respondent denied that the Tdap vaccination caused her alleged GBS or any other injury. However, both parties agreed in a stipulation, filed on January 3, 2017, that the issues could be settled and that a decision should be entered awarding Petitioner compensation.

Special Master Brian H. Corcoran reviewed the file and concluded that the stipulation was reasonable, adopting it as the decision.

The stipulation awarded Annette Eberhart a lump sum of $84,464.00, representing compensation for all damages available under the Act. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses.

Petitioner was represented by Joseph T. McFadden of Rawls, McNelis & Mitchell, and Respondent was represented by Alexis B.

Babcock of the U.S. Department of Justice.

Theory of causation

Petitioner Annette Eberhart alleged that she suffered from Guillain-Barré syndrome (GBS) as a result of receiving a Tetanus-diphtheria-acellular pertussis (Tdap) vaccine on February 7, 2013, and experienced residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to settle the case, agreeing that a decision should be entered awarding Petitioner compensation. The stipulation was adopted by Special Master Brian H. Corcoran on January 31, 2017. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. The award was a lump sum of $84,464.00. Petitioner's counsel was Joseph T. McFadden, and Respondent's counsel was Alexis B. Babcock.

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