J.P. v. HHS - HPV, Guillain-Barré syndrome (2021)

Filed 2021-10-12Decided 2021-12-03Vaccine HPV
compensated$220,000

Case summary [AI summaries can sometimes make mistakes]

Judy Ho and Jason Phung, parents of their minor daughter J.P., filed a petition on October 12, 2021, seeking compensation under the National Vaccine Injury Compensation Program. They alleged that J.P. suffered from Guillain-Barré syndrome (GBS) as a result of receiving the human papillomavirus (HPV), tetanus, diphtheria, and acellular pertussis (Tdap), and meningococcal (MCV) vaccinations on May 18, 2017.

The respondent, the Secretary of Health and Human Services, denied that the vaccines caused J.P.'s GBS or any other injury. However, the parties reached a stipulation to settle the case.

Special Master Katherine E. Oler reviewed the file and adopted the stipulation as the decision.

The stipulation awarded J.P. a total of $220,000. This amount included a lump sum of $175,000, payable jointly to the petitioners and the Department of Health Care Services to reimburse a lien for services rendered.

The remaining $45,000 was to be paid in the form of an annuity contract for J.P.'s benefit, purchased from a life insurance company meeting specific financial and rating criteria. The decision noted that it was not to be published but would be available on the Court of Federal Claims' website, with parties having the option to request redaction of confidential information.

The case was represented by Michael Firestone and Marvin Firestone, MD, JD, and Associates for the petitioners, and Sarah Duncan from the U.S. Department of Justice for the respondent.

The public decision does not describe the onset of symptoms, specific clinical details of the GBS, diagnostic tests performed, or treatments received. The specific mechanism of causation was not detailed in the public decision.

Theory of causation

Petitioners alleged that J.P. suffered Guillain-Barré syndrome (GBS) as a result of receiving the human papillomavirus (HPV), tetanus, diphtheria, and acellular pertussis (Tdap), and meningococcal (MCV) vaccinations on May 18, 2017. The respondent denied causation. The parties entered into a stipulation for settlement. The Special Master adopted the stipulation, awarding $220,000, comprising a $175,000 lump sum for a lien and $45,000 for an annuity. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccines allegedly caused GBS. The decision was made by Special Master Katherine E. Oler on December 3, 2021, based on a joint stipulation filed October 12, 2021. Petitioners' counsel was Michael Firestone and Marvin Firestone, MD, JD, and Associates; respondent's counsel was Sarah Duncan. The public text does not provide details on the onset, symptoms, diagnostic tests, or treatments related to the alleged injury.

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