Gerald O’Connor v. HHS - Tdap, Guillain-Barré syndrome (2017)
Case summary [AI summaries can sometimes make mistakes]
Gerald O’Connor filed a petition on April 5, 2017, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he received a tetanus-diphtheria-acellular-pertussis (Tdap) vaccine on April 3, 2014, and subsequently developed Guillain-Barré syndrome (GBS), experiencing residual effects for more than six months.
The respondent denied that the Tdap vaccine caused Mr. O’Connor's injury or his current condition.
Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on April 5, 2017. Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting it as the court's decision. The stipulation awarded Mr.
O’Connor a lump sum of $150,000.00 as compensation for all damages. The court approved this award and directed the clerk to enter judgment.
Petitioner was represented by Edward M. Kraus of the Law Offices of Chicago Kent, and Respondent was represented by James George Bartolotto of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Gerald O’Connor alleged that he received a Tdap vaccine on April 3, 2014, and subsequently developed Guillain-Barré syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties settled via stipulation, and the Special Master adopted the stipulation as the decision. The award was $150,000.00. The theory of causation was "Off-Table." The public decision does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award beyond the lump sum. Special Master Brian H. Corcoran issued the decision on May 3, 2017. Petitioner's counsel was Edward M. Kraus, and Respondent's counsel was James George Bartolotto.
Source PDFs
USCOURTS-cofc-1_16-vv-00846