A.N. v. HHS - Tdap, Guillain-Barré Syndrome (GBS) (2018)
Case summary [AI summaries can sometimes make mistakes]
On October 11, 2016, Cheryl and David Nicosia, parents of A.N., a minor, filed a petition for vaccine compensation. They alleged that A.N. received tetanus-diphtheria-acellular pertussis (Tdap) and meningococcal conjugate (MCV) vaccines on September 15, 2014, which caused the child to develop Guillain-Barré Syndrome (GBS).
The parties, represented by Edward M. Kraus for the petitioners and Ann D.
Martin for the respondent, filed a stipulation for award on February 27, 2018. The respondent denied that the vaccines caused A.N.'s GBS but agreed to a settlement.
Special Master Herbrina Sanders reviewed the stipulation and found it reasonable. The stipulation awarded A.N. $7,500.00 for past unreimbursable expenses, payable to Cheryl and David Nicosia, and $98,000.00 for A.N.'s estate, payable to petitioners as guardians/conservators.
The total award was $105,500.00. The decision was entered on March 26, 2018, consistent with the stipulation.
The case was brought as a Table claim, as GBS is listed on the Vaccine Injury Table for the Tdap vaccine. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioners alleged that A.N. received Tdap and MCV vaccines on September 15, 2014, and subsequently developed Guillain-Barré Syndrome (GBS). This case was brought as a Table claim, as GBS is listed on the Vaccine Injury Table for the Tdap vaccine. The respondent denied causation but agreed to a stipulation for award. The parties stipulated to an award of $7,500.00 for past unreimbursable expenses and $98,000.00 for the estate, totaling $105,500.00. Special Master Herbrina Sanders approved the stipulation. The public text does not detail specific medical experts, competing medical theories, or the precise mechanism of causation beyond the Table presumption.
Source PDFs
USCOURTS-cofc-1_16-vv-01305