James Montgomery v. HHS - Tdap, Guillain-Barré syndrome (2023)

Filed 2021-10-07Decided 2023-04-06Vaccine Tdap
compensated$55,000

Case summary [AI summaries can sometimes make mistakes]

James Montgomery filed a petition for compensation under the National Vaccine Injury Compensation Program on October 7, 2021, alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on February 10, 2019. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr.

Montgomery's GBS or his current condition. Despite maintaining their respective positions, the parties reached a stipulation to settle the case.

The stipulation provided for a lump sum payment of $55,000.00 to Mr. Montgomery, payable by check, as compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Special Master Thomas L. Gowen adopted the stipulation and awarded the compensation on April 6, 2023.

The decision was filed on May 22, 2023. Petitioner counsel was Joseph Pepper of Conway Homer, P.C., and respondent counsel was Naseem Kourosh of the Department of Justice.

The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses.

Theory of causation

Petitioner James Montgomery alleged that he suffered from Guillain-Barré syndrome (GBS) as a result of receiving a Tdap vaccine on February 10, 2019. The respondent denied causation. The parties reached a stipulation to settle the case, with the respondent agreeing to pay $55,000.00 as a lump sum for all damages. Special Master Thomas L. Gowen adopted the stipulation on April 6, 2023. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

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