Cherlanda Sheppard v. HHS - Tdap, Guillain-Barré syndrome (2019)
Case summary [AI summaries can sometimes make mistakes]
On June 19, 2017, Cherlanda Sheppard filed a petition under the National Vaccine Injury Compensation Program, alleging that she developed Guillain-Barré syndrome (GBS) as a result of receiving a tetanus-diphtheria-acellular-pertussis (Tdap) vaccine on May 23, 2016. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Ms.
Sheppard's GBS. Both parties submitted expert reports, and the Special Master held a status conference on February 27, 2019.
Following settlement negotiations, the parties filed a stipulation on September 26, 2019, agreeing that the issues could be settled and that Ms. Sheppard should be awarded compensation.
Special Master Brian H. Corcoran reviewed the file and adopted the stipulation as his decision.
The stipulation awarded Ms. Sheppard a lump sum payment of $150,000.00, payable to her, as compensation for all elements of compensation under the Vaccine Act.
Additionally, a lump sum of $1,874.41 was awarded to reimburse a State of Michigan Medicaid lien, payable jointly to Ms. Sheppard and Meridian Health Plan, c/o Discovery Health Partners.
Ms. Sheppard agreed to endorse the reimbursement check to Discovery Health Partners.
The decision was issued on November 27, 2019.
Theory of causation
Petitioner Cherlanda Sheppard alleged that she developed Guillain-Barré syndrome (GBS) as a result of a Tdap vaccine received on May 23, 2016. Respondent denied causation. Both parties submitted expert reports. The parties subsequently filed a stipulation agreeing to settle the case, with the Special Master adopting the stipulation. The stipulation resulted in an award of $150,000.00 for all elements of compensation and $1,874.41 for reimbursement of a State of Michigan Medicaid lien. The decision was issued by Special Master Brian H. Corcoran on November 27, 2019.
Source PDFs
USCOURTS-cofc-1_17-vv-00819