John Berchielli v. HHS - Tdap, Guillain-Barré Syndrome (2025)
Case summary [AI summaries can sometimes make mistakes]
On May 18, 2017, John Berchielli filed a petition for compensation under the National Vaccine Injury Compensation Program. Mr.
Berchielli alleged that he developed Guillain-Barré Syndrome (GBS) after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on June 2, 2015. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr.
Berchielli's injury. Despite the contested nature of the claim, the parties reached a settlement.
The settlement terms, as outlined in a joint stipulation filed on April 29, 2025, included a lump sum payment of $97,000.00, to be paid via ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to Mr. Berchielli.
Additionally, a lump sum of $20,819.88 was awarded to reimburse a Medicaid lien for services rendered to Mr. Berchielli by the State of California.
This total award of $117,819.88 is intended to compensate for all damages available under the National Vaccine Injury Compensation Program. Special Master Mindy Michaels Roth adopted the parties' stipulation and directed the clerk of the court to enter judgment accordingly.
Elizabeth Abramson, Esq., represented the petitioner, and Mallori Openchowski, Esq., represented the respondent. The public decision was issued on May 27, 2025.
Theory of causation
Petitioner John Berchielli alleged Guillain-Barré Syndrome (GBS) following a Tdap vaccination on June 2, 2015. Respondent denied causation. The parties reached a settlement, stipulating to compensation. The award consists of a $97,000.00 lump sum payment and $20,819.88 for Medicaid lien reimbursement, totaling $117,819.88. Special Master Mindy Michaels Roth adopted the stipulation. The public text does not detail the specific theory of causation, medical experts, or the mechanism of injury. Petitioner counsel was Elizabeth Abramson, Esq., and respondent counsel was Mallori Openchowski, Esq. The decision date was May 27, 2025.
Source PDFs
USCOURTS-cofc-1_17-vv-00658