Edward Espinosa v. HHS - Tdap, Guillain-Barré syndrome (2021)
Case summary [AI summaries can sometimes make mistakes]
On August 12, 2020, Edward Espinosa filed a Vaccine Program petition after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on June 19, 2018. He alleged that the Tdap vaccination caused Guillain-Barre Syndrome.
The public decision was entered on a joint stipulation and contains limited clinical detail. It identifies the vaccine, date, and alleged GBS, but it does not describe onset, neurologic testing, treatment, or expert analysis.
Respondent denied that the Tdap vaccine caused Espinosa's alleged GBS or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. The stipulation was therefore a negotiated resolution rather than a concession of causation.
The parties filed a stipulation on December 21, 2021. Special Master Katherine E.
Oler reviewed the file, found the stipulation reasonable, and adopted it that day. Espinosa was awarded a lump sum of $83,291.00, payable to him, representing all damages available under section 15(a).
The clerk was directed to enter judgment under the stipulation. Espinosa was represented by Jessica Olins of Maglio Christopher & Toale, P.A.
Theory of causation
Tdap vaccine (June 19, 2018) alleged to cause Guillain-Barre Syndrome. COMPENSATED by stipulation. Respondent denied that Tdap caused alleged GBS or any other injury and denied current condition as vaccine-related sequela; public stipulation decision provides limited clinical facts. Special Master Katherine E. Oler adopted the stipulation on December 21, 2021. Award: $83,291.00 lump sum payable to Edward Espinosa for all section 15(a) damages. Attorney: Jessica Olins, Maglio Christopher & Toale, P.A., Seattle, WA.
Source PDFs
USCOURTS-cofc-1_20-vv-01004