William T. Smith v. HHS - Tdap, Guillain-Barré syndrome (2018)

Filed 2016-12-28Decided 2018-05-16Vaccine Tdap
compensated$90,040

Case summary [AI summaries can sometimes make mistakes]

William T. Smith filed a petition for compensation on December 28, 2016, alleging that the Tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on April 29, 2016, caused him to develop Guillain-Barré syndrome (GBS).

Mr. Smith further alleged that he suffered residual effects from the GBS 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 vaccine caused or significantly aggravated Mr.

Smith's alleged injury. Despite the respondent's denial, the parties reached a joint stipulation for compensation, which Special Master Christian J.

Moran adopted as the decision of the Court. The award included a lump sum of $43.61 to satisfy a Medicaid lien, payable jointly to Mr.

Smith and Equian, LLC. Additionally, a lump sum of $8,775.37 was awarded for past incurred medical expenses, payable jointly to Mr.

Smith and Ochsner Health Systems. The remaining damages, totaling $81,224.63, were awarded as a lump sum payable to Mr.

Smith. The total compensation awarded was $90,040.

The decision was filed on May 16, 2018. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses.

Petitioner counsel was Danielle A. Strait of Maglio, Christopher, & Toale, and respondent counsel was Adriana Teitel of the United States Department of Justice.

Theory of causation

Petitioner William T. Smith alleged that the Tdap vaccine administered on April 29, 2016, caused Guillain-Barré syndrome (GBS), an injury listed on the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied causation. The parties stipulated to a compensation award of $90,040, comprising $43.61 for a Medicaid lien, $8,775.37 for past medical expenses, and $81,224.63 for all remaining damages. Special Master Christian J. Moran adopted the stipulation as the decision. The public text does not detail the specific mechanism of causation, expert testimony, or the evidence considered in the stipulation. Petitioner counsel was Danielle A. Strait, and respondent counsel was Adriana Teitel. The decision date was May 16, 2018.

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