Estate of Frank Lee Kapp, Jr. v. HHS - Tdap, Guillain-Barré Syndrome (GBS) (2017)

The Estate of Frank Lee Kapp, Jr., represented by Fidelity Bank d/b/a Trust Company of North Carolina, filed a petition for compensation under the National Vaccine Injury Compensation Program on April 19, 2016, later amended on September 16, 2016. The petition alleged that Mr.

Kapp's death on November 8, 2014, was caused by Guillain-Barré Syndrome (GBS) resulting from either an influenza vaccine received on September 23, 2014, or a tetanus-diphtheria-acellular pertussis (Tdap) vaccine received on October 16, 2014. Mr.

Kapp received these vaccinations in the United States. The petitioner stated there had been no prior award or settlement for damages related to Mr.

Kapp's alleged injury and death. The respondent denied that Mr.

Kapp suffered any injury from the Tdap or flu vaccines and denied that his death was a sequela of vaccine-related GBS. Despite the respondent's denial, the parties filed a joint stipulation for compensation on January 17, 2017.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The award included a lump sum of $482,500.00, payable to the Estate of Frank Lee Kapp, Jr. as the Legal Representative, intended to cover all damages available under 42 U.S.C. § 300aa-15(a).

The decision was issued on June 15, 2017. Petitioner's counsel was John R.

Taylor of Zaytoun Law Firm, PLLC, and respondent's counsel was Gordon E. Shemin of the U.S.

Department of Justice.