Luke Kramer v. HHS - Tdap, Guillain-Barré Syndrome (GBS) (2023)
Case summary [AI summaries can sometimes make mistakes]
On July 22, 2021, Luke Kramer filed a petition alleging he suffered from Guillain-Barré Syndrome (GBS) as a result of the tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on October 11, 2019. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Petitioner's alleged injuries, significantly aggravated any underlying conditions, or caused any other injury or disability.
Despite these denials, the parties filed a stipulation on January 3, 2023, recommending an award of compensation to Petitioner. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.
Luke Kramer was awarded a lump sum of $80,000.00 in compensation for all damages available under the Vaccine Act. The parties agreed to waive their right to seek review, and judgment was entered accordingly.
The public decision does not describe the onset of symptoms, specific clinical details, or expert testimony.
Theory of causation
Petitioner Luke Kramer alleged Guillain-Barré Syndrome (GBS) following a Tdap vaccination on October 11, 2019. The respondent denied causation. The parties filed a stipulation for compensation, which Special Master Nora Beth Dorsey adopted. Petitioner was awarded $80,000.00. The public decision does not detail the specific theory of causation, any expert testimony, or the mechanism of injury. The attorneys involved were Emily Beth Ashe for Petitioner and Parisa Tabassian for Respondent. The decision date was January 4, 2023.
Source PDFs
USCOURTS-cofc-1_21-vv-01604