Julie Pierantoni v. HHS - Tdap, Guillain-Barré Syndrome (GBS) (2022)
Case summary [AI summaries can sometimes make mistakes]
Julie Pierantoni filed a petition on September 25, 2019, alleging Guillain-Barré Syndrome (GBS) following receipt of a tetanus-diphtheria-pertussis (Tdap) vaccine on November 10, 2017. The respondent is the Secretary of Health and Human Services.
The public decision does not describe the specific onset or symptoms of the alleged GBS, nor does it detail any medical records, diagnostic tests, or treatments. The petitioner stated in a motion filed on December 9, 2021, that she was unable to retain an expert to support causation-in-fact and therefore would be unable to prove entitlement to compensation under the National Vaccine Injury Compensation Program.
The Special Master noted that to receive compensation, a petitioner must prove either a "Table Injury" corresponding to the vaccination or that the injury was actually caused by the vaccine. The record did not contain evidence of a "Table Injury" or persuasive evidence that the alleged injuries were caused by the Tdap vaccine.
The Special Master also noted that awards cannot be based solely on claims alone and must be supported by medical records or a competent physician's opinion. As the medical records were insufficient and no expert opinion was filed, the case was dismissed for insufficient proof.
The Special Master Herbrina Sanders issued the decision on December 17, 2021, and judgment was entered on January 5, 2022. Petitioner's counsel was Amy A.
Senerth of Muller Brazil, LLP, and respondent's counsel was Mark K. Hellie of the U.S.
Department of Justice. No award was granted.
Theory of causation
Petitioner Julie Pierantoni alleged Guillain-Barré Syndrome (GBS) following a Tdap vaccination on November 10, 2017. The petition was filed on September 25, 2019. The public decision does not specify the mechanism of injury or name any experts. Petitioner stated she was unable to retain an expert to support causation-in-fact. The Special Master Herbrina Sanders found the record lacked evidence of a "Table Injury" or persuasive evidence that the Tdap vaccine caused the alleged GBS. The case was dismissed for insufficient proof on December 17, 2021, with judgment entered January 5, 2022. Petitioner was represented by Amy A. Senerth, and Respondent by Mark K. Hellie. No award was granted.
Source PDFs
USCOURTS-cofc-1_19-vv-01477