Donna Ducey v. HHS - Tdap, anaphylaxis and Guillain Barre Syndrome (GBS) (2021)

Filed 2017-07-12Decided 2021-03-19Vaccine Tdap
compensated$220,000

Case summary [AI summaries can sometimes make mistakes]

On July 12, 2017, Donna Ducey filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered anaphylaxis and Guillain-Barré Syndrome (GBS) as a result of receiving Tdap and influenza vaccines on September 3, 2015. Ms.

Ducey claimed that anaphylaxis occurred within minutes of vaccination and that GBS symptoms began approximately 15 days later. She further alleged that she suffered residual effects from these injuries for more than six months.

The Secretary of Health and Human Services, the respondent, denied that the vaccines caused Ms. Ducey's alleged anaphylaxis, GBS, or any other injury.

Despite the respondent's denial, the parties filed a joint stipulation on February 2, 2021, agreeing to an award of compensation. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the court. Pursuant to the stipulation, Ms.

Ducey was awarded a lump sum of $220,000.00, payable by check to the Petitioner, as compensation for all items of damages. The decision notes that Ms.

Ducey also received a Pneumovax vaccine on September 3, 2015, but this vaccine is not covered under the Vaccine Injury Compensation Program. The public decision does not describe the specific onset of symptoms, clinical details of the alleged injuries, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccines allegedly caused the injuries.

Petitioner was represented by David Gordon Hart, and Respondent was represented by Althea Walker Davis. Judgment was to be entered in accordance with this decision unless a motion for review was filed.

Theory of causation

Petitioner Donna Ducey alleged that she suffered anaphylaxis and Guillain-Barré Syndrome (GBS) due to receipt of Tdap and influenza vaccines on September 3, 2015. Anaphylaxis was alleged to have occurred within minutes of vaccination, and GBS symptoms approximately 15 days later. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran on March 19, 2021. Petitioner was awarded $220,000.00 as a lump sum. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Petitioner was represented by David Gordon Hart, and Respondent by Althea Walker Davis.

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