Jacquelynn Hernandez v. HHS - Tdap, Guillain-Barré Syndrome (GBS) (2018)
Case summary [AI summaries can sometimes make mistakes]
On November 14, 2016, Jacquelynn Hernandez filed a petition for compensation under the National Vaccine Injury Compensation Program. She alleged that the Tetanus-Diphtheria-acellular-Pertussis (Tdap) vaccine she received on or about May 8, 2015, caused her to develop Guillain-Barré Syndrome (GBS) and that she experienced residual effects of this injury 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 Petitioner's alleged GBS or any other injury.
Despite this denial, the parties reached a stipulation for award. Special Master Herbrina Sanders reviewed the stipulation.
The court adopted the stipulation, awarding Jacquelynn Hernandez a lump sum of $153,267.76 to compensate for all damages available under the program. This decision resolves the case as a compensated outcome, with judgment entered in accordance with the stipulation.
Petitioner was represented by Michael A. Baseluos of Baseluos Law Firm, PLLC, and Respondent was represented by Lara A.
Englund of the United States Department of Justice. The decision was issued on April 25, 2018.
Theory of causation
Petitioner Jacquelynn Hernandez alleged that the Tdap vaccine administered on or about May 8, 2015, caused her to develop Guillain-Barré Syndrome (GBS), 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 for award, agreeing to a lump sum of $153,267.76 for all damages under 42 U.S.C. § 300aa-15(a). The stipulation was adopted by Special Master Herbrina Sanders on April 25, 2018. Petitioner was represented by Michael A. Baseluos, and Respondent by Lara A. Englund. The stipulation stated that it was a compromise of liability and damages and not an admission of causation by the Respondent.
Source PDFs
USCOURTS-cofc-1_16-vv-01508