Ann Smith v. HHS - Tdap, Guillain-Barré syndrome (2023)
Case summary [AI summaries can sometimes make mistakes]
Ann Smith filed a petition on September 26, 2023, seeking compensation under the National Vaccine Injury Compensation Program. Ms.
Smith alleged that she suffered from Guillain-Barré syndrome as a result of a Tdap vaccination she received on August 6, 2019. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Ms.
Smith's Guillain-Barré syndrome or any other injury, and denied that the vaccine significantly aggravated a pre-existing condition. Despite maintaining these positions, both parties agreed to settle the case through a joint stipulation filed on September 26, 2023.
Special Master Katherine E. Oler reviewed the file and adopted the parties' stipulation as the decision.
The stipulation awarded Ann Smith a lump sum of $135,000.00 as compensation for all damages. The decision directs that judgment be entered accordingly.
The public decision does not describe the specific onset of symptoms, clinical details, diagnostic tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Jessica Olins of Maglio Christopher & Toale, and Respondent was represented by Dorian Hurley of the U.S.
Department of Justice.
Theory of causation
Petitioner Ann Smith alleged Guillain-Barré syndrome (GBS) following a Tdap vaccination on August 6, 2019. Respondent denied causation. The parties reached a settlement via joint stipulation, which was adopted by Special Master Katherine E. Oler. The stipulation awarded Petitioner $135,000.00 for all damages. The theory of causation was identified as 'Off-Table' in the provided data, and the public decision does not detail the specific medical or scientific basis for the claim or the settlement. Petitioner counsel was Jessica Olins, and Respondent counsel was Dorian Hurley. The decision date was November 2, 2023.
Source PDFs
USCOURTS-cofc-1_22-vv-00498