Kirk Richardson v. HHS - Tdap, Guillain-Barre syndrome (GBS) (2021)

Filed 2019-08-27Decided 2021-11-29Vaccine Tdap
compensated$135,181

Case summary [AI summaries can sometimes make mistakes]

Kirk Richardson filed a petition for compensation under the National Vaccine Injury Compensation Program on August 27, 2019. He alleged that he suffered Guillain-Barre syndrome (GBS) as a result of his tetanus, diphtheria, acellular pertussis (Tdap) vaccination on June 19, 2018.

Mr. Richardson further alleged that he experienced residual effects of his condition for more than six months, that no prior award or settlement had been made for his condition, and that his vaccine was administered in the United States.

The respondent denied that the Tdap vaccine caused Mr. Richardson's GBS or any other injury.

Despite the respondent's denial, the parties filed a joint stipulation for damages on November 2, 2021. Special Master Daniel T.

Horner reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Mr.

Richardson was awarded a lump sum of $135,181.05, payable by check to the petitioner. This amount was intended to compensate for all items of damages available under the Vaccine Act.

The decision was issued by Special Master Daniel T. Horner on November 29, 2021.

Petitioner counsel was Leah Durant of the Law Offices of Leah V. Durant, PLLC, and respondent counsel was Kyle Pozza of the U.S.

Department of Justice.

Theory of causation

Petitioner alleged that a June 19, 2018 tetanus, diphtheria, acellular pertussis (Tdap) vaccination caused Guillain-Barre syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Special Master Daniel T. Horner. The stipulation resulted in an award of $135,181.05. The specific medical theory of causation, expert testimony, or mechanism of injury was not detailed in the provided public decision text, which was based on a stipulation. The decision date was November 29, 2021. Petitioner counsel was Leah Durant, and respondent counsel was Kyle Pozza.

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