Frederick D. McBeth v. HHS - Tdap, Guillain-Barre syndrome (GBS) (2024)
Case summary [AI summaries can sometimes make mistakes]
On July 17, 2019, Frederick D. McBeth filed a petition alleging that a tetanus-containing vaccination he received on June 6, 2016 caused Guillain-Barre syndrome.
Early in the case, respondent moved to dismiss, arguing that Mr. McBeth had not provided adequate proof that the vaccination occurred.
Special Master Mindy Michaels Roth issued a fact ruling on June 9, 2023 denying the motion to dismiss. The ruling described a difficult proof-of-vaccination record: one physician letter said the clinic's records did not show a tetanus toxoid vaccine on or before June 6, 2016; Mr.
McBeth pursued records, insurance statements, and a subpoena; and other medical records referenced receipt of a tetanus vaccine. The Special Master concluded that he had submitted sufficient proof of vaccination to satisfy the Vaccine Act's threshold requirement.
The case later resolved by stipulation. Respondent denied that the immunization caused Mr.
McBeth's GBS, and the public compensation decision does not describe his onset, neurologic course, diagnostic testing, treatment, or experts. On September 25, 2024, Special Master Roth awarded $62,000.00 as a lump sum payable to Mr.
McBeth for all damages available under the Act. A later fee decision described the injury differently as transverse myelitis after a February 7, 2017 Tdap vaccine, but the merits stipulation and fact ruling identify the compensated claim as GBS after the June 6, 2016 tetanus-containing vaccination.
Theory of causation
Adult petitioner; tetanus-containing/Tdap-related vaccination alleged June 6, 2016; GBS. COMPENSATED by stipulation after a June 9, 2023 fact ruling found sufficient proof of vaccination and denied respondent's motion to dismiss. Respondent denied causation; public merits text lacks clinical chronology. Award $62,000.00 lump sum. SM Roth September 25, 2024. Petition filed July 17, 2019. Attorney: Scott B. Taylor.