M. M. v. HHS - Tdap, Guillain-Barre syndrome (GBS) and/or chronic inflammatory demyelinated polyneuropathy (CIDP) (2022)
Case summary [AI summaries can sometimes make mistakes]
On January 17, 2017, M. M. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she developed Guillain-Barre syndrome (GBS) and/or chronic inflammatory demyelinated polyneuropathy (CIDP) as a result of receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on August 5, 2015.
The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused or significantly aggravated petitioner's alleged injuries or her current condition. Despite maintaining their respective positions on causation, the parties entered into a stipulation to settle the case.
The stipulation provided for a lump sum award of $110,000.00 to compensate M. M. for all damages that would be available under 42 U.S.C. § 300aa-15(a) for injuries allegedly related to the Tdap vaccine.
Special Master Thomas L. Gowen adopted the parties' stipulation and ordered judgment to be entered accordingly.
The decision on the stipulation was issued on May 4, 2022. Petitioner was represented by Amber D.
Wilson of Wilson Science Law, and respondent was represented by Wei K. Tai of the U.S.
Department of Justice. In a separate decision dated February 6, 2019, Special Master Gowen granted petitioner's motion for interim attorneys' fees and costs, awarding $20,750.00 for expert costs incurred, noting that the case had been pending since 2015 and involved three expert reports from two experts, Dr.
Allen and Dr. Akbari.
The public decision does not describe the onset of symptoms, specific medical tests, or treatments.
Theory of causation
Petitioner M. M. alleged that she developed Guillain-Barre syndrome (GBS) and/or chronic inflammatory demyelinated polyneuropathy (CIDP) as a result of receiving a Tdap vaccine on August 5, 2015. The respondent denied causation. The parties stipulated to settle the case, with the respondent denying causation but agreeing to an award. The stipulation stated that the award of $110,000.00 represented compensation for all damages available under 42 U.S.C. § 300aa-15(a) for injuries allegedly related to the Tdap vaccine. The theory of causation was "Off-Table" as indicated by the initial database entry, and the stipulation explicitly states that it is not an admission of causation by the United States. The public decision does not detail the specific medical mechanism, expert opinions on causation, or the Special Master's reasoning regarding the specific medical basis for the stipulation, other than adopting the parties' agreement. The award was a lump sum of $110,000.00. Special Master Thomas L. Gowen issued the decision on the stipulation on May 4, 2022. Petitioner's counsel was Amber D. Wilson, and respondent's counsel was Wei K. Tai.