Jamie Guy v. HHS - Tdap, encephalomyelitis/acute disseminated encephalomyelitis (ADEM) (2024)
Case summary [AI summaries can sometimes make mistakes]
On June 5, 2020, Jamie Guy filed a petition seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she received a Tdap vaccine on July 23, 2017, and subsequently developed encephalomyelitis/acute disseminated encephalomyelitis (ADEM) caused by the vaccine, with residual effects lasting more than six months.
The respondent denied that the Tdap vaccine caused any of the petitioner's alleged injuries or current condition. Despite maintaining their positions, both parties entered into a stipulation for settlement, agreeing that the issues could be resolved and that compensation should be awarded.
Chief Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court.
The stipulation awarded Jamie Guy a lump sum of $75,000.00, payable by check to the petitioner, as compensation for all damages. The court approved this award and directed the Clerk to enter judgment accordingly, unless a motion for review was filed.
The decision was issued on April 29, 2024, based on a stipulation filed on April 3, 2024. Petitioner was represented by Sylvia Chin-Caplan of the Law Office of Sylvia Chin-Caplan, LLC, and respondent was represented by Naseem Kourosh of the U.S.
Department of Justice.
Theory of causation
Petitioner Jamie Guy alleged that a Tdap vaccine administered on July 23, 2017, caused encephalomyelitis/acute disseminated encephalomyelitis (ADEM). Respondent denied causation. The parties reached a stipulation for settlement, agreeing to an award of $75,000.00. The public decision does not describe the specific medical mechanism, expert testimony, or clinical details supporting the alleged causation. The theory of causation is described as 'Off-Table' in the provided database fields, indicating it does not fall under a condition automatically presumed to be vaccine-related under the Vaccine Injury Table. The decision was issued by Chief Special Master Brian H. Corcoran on April 29, 2024, based on a stipulation filed April 3, 2024. Petitioner's counsel was Sylvia Chin-Caplan, and respondent's counsel was Naseem Kourosh.
Source PDFs
USCOURTS-cofc-1_20-vv-00684