Edward E. Burchett, Jr. v. HHS - Tdap, Guillain Barré Syndrome (2017)
Case summary [AI summaries can sometimes make mistakes]
Edward E. Burchett, Jr. filed a petition on January 12, 2017, alleging that he developed Guillain Barré Syndrome (GBS) as a result of receiving a tetanus, diphtheria and pertussis (Tdap) vaccine on March 1, 2014.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the injury. Despite the denial, the parties reached a joint stipulation for damages.
Special Master Thomas L. Gowen reviewed the stipulation and found it reasonable.
As a result, the court awarded Mr. Burchett compensation in the amount of $160,000.00.
This lump sum payment was intended to cover all damages available under the National Vaccine Injury Compensation Program. The parties agreed to expedite the entry of judgment by waiving their right to seek review of the decision.
Petitioner counsel was Kelly D. Burdette.
Respondent counsel was Gordon E. Shemin.
Theory of causation
Petitioner Edward E. Burchett, Jr. alleged that he developed Guillain Barré Syndrome (GBS) after receiving a Tdap vaccine on March 1, 2014. The respondent denied causation. The parties entered into a joint stipulation for damages, which was approved by Special Master Thomas L. Gowen. The stipulation resulted in an award of $160,000.00 to the petitioner. The public decision does not describe the specific theory of causation, medical experts, or clinical details of the alleged injury or its mechanism. Petitioner counsel was Kelly D. Burdette, and respondent counsel was Gordon E. Shemin. The decision date was February 7, 2017.
Source PDFs
USCOURTS-cofc-1_16-vv-00274