Silvia Hernandez v. HHS - Tdap, Guillain Barré syndrome (2022)

Filed 2018-05-23Decided 2022-01-25Vaccine Tdap
compensated$160,694

Case summary [AI summaries can sometimes make mistakes]

Silvia Hernandez filed a petition alleging that she developed Guillain Barré Syndrome (GBS) as a result of a Tdap vaccine she received on December 27, 2016. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccination caused Ms.

Hernandez's GBS. Despite this denial, the parties reached a stipulation recommending an award of compensation.

The stipulation was found reasonable by the Special Master. Ms.

Hernandez was awarded a total of $160,694.00. This amount included a lump sum of $153,102.00 payable to Ms.

Hernandez and an additional $7,592.00 to reimburse a Medicaid lien for services rendered. The case proceeded as an off-Table claim, meaning Ms.

Hernandez would have needed to prove causation-in-fact. The parties agreed to resolve the case via stipulation, avoiding a full adjudication of the causation issue.

The decision was based on this stipulation, and judgment was entered accordingly.

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