Lisa Applegate v. HHS - Tdap, Guillain-Barré Syndrome (“GBS”) and Bell’s Palsy (2017)
Case summary [AI summaries can sometimes make mistakes]
Lisa Applegate filed a petition for vaccine compensation on March 24, 2016, alleging that a Tdap vaccine she received on May 5, 2014, caused her to develop Guillain-Barré Syndrome (GBS) and Bell's Palsy. She further alleged that the residual effects of these injuries lasted for more than six months.
The Tdap vaccine is listed on the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Ms.
Applegate's alleged injuries. Despite maintaining their respective positions, the parties reached a joint stipulation to settle the case.
Special Master Christian J. Moran adopted the stipulation as the decision of the Court.
Under the terms of the stipulation, Ms. Applegate was awarded a lump sum payment of $95,000.00, payable by check to her.
This amount was intended as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The stipulation explicitly stated that it represented a negotiated settlement of liability and damages and was not an admission by the United States or the Secretary of Health and Human Services that the Tdap vaccine caused Ms.
Applegate's alleged injuries. Petitioner was represented by Jeffrey S.
Pop, and respondent was represented by Amy Kokot. The decision was issued on March 13, 2017.
Theory of causation
Petitioner Lisa Applegate received a Tdap vaccination on May 5, 2014. She alleged that this vaccine caused her to develop Guillain-Barré Syndrome (GBS) and Bell's Palsy, with residual effects lasting more than six months. The Tdap vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation to settle the case, agreeing to an award of $95,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The stipulation, adopted by Special Master Christian J. Moran on March 13, 2017, explicitly stated it was not an admission of causation. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Amy Kokot.
Source PDFs
USCOURTS-cofc-1_16-vv-00379