Garrett D. Polowy v. HHS - Tdap, Guillain-Barré syndrome (GBS) (2021)
Case summary [AI summaries can sometimes make mistakes]
Garrett D. Polowy filed a petition on September 22, 2018, seeking compensation under the National Vaccine Injury Compensation Program.
He alleged that he suffered from Guillain-Barré syndrome (GBS) as a result of receiving a Tetanus-diphtheria-acellular pertussis (Tdap) vaccine on December 8, 2016. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr.
Polowy's GBS or any other injury. Despite maintaining their respective positions, both parties entered into a joint stipulation to settle the case, agreeing that compensation should be awarded to Mr.
Polowy. Special Master Katherine E.
Oler reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court. The stipulation awarded Mr.
Polowy a lump sum of $20,000.00, payable by check to Petitioner, as compensation for all damages available under the National Vaccine Injury Compensation Program. The Special Master approved this award and directed that judgment be entered, unless a motion for review was filed.
Petitioner's counsel was Amy A. Senerth of Muller Brazil LLP, and respondent's counsel was Traci R.
Patton of the U.S. Department of Justice.
The decision was issued on December 9, 2021.
Theory of causation
Petitioner Garrett D. Polowy alleged that he suffered Guillain-Barré syndrome (GBS) as a result of a Tdap vaccine received on December 8, 2016. Respondent denied causation. The parties entered into a joint stipulation to settle the case, agreeing to an award of compensation. The stipulation was adopted by Special Master Katherine E. Oler on December 9, 2021. The award was a lump sum of $20,000.00, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Petitioner was represented by Amy A. Senerth, and Respondent by Traci R. Patton.
Source PDFs
USCOURTS-cofc-1_18-vv-01211