In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ************************* ALA MOHAMAD, * * No. 16-1075V Petitioner, * Special Master Christian J. * Moran v. * * Filed: January 27, 2022 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ************************* Richard Gage, Richard Gage, P.C., Cheyenne, WY, for petitioner; Voris Johnson, United States Dep’t of Justice, Washington, DC, for respondent. RULING FINDING ENTITLEMENT TO COMPENSATION Ala Mohamad alleges that a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine caused him to develop a neurological problem known as Guillain-Barré syndrome (“GBS”). After development of written evidence, the case proceeded to a hearing. During the hearing, the parties presented testimony from experts whom they retained on various topics, including a series of publications from the Secretary about tetanus vaccines. The parties advocated for their positions in briefs submitted after the hearing. Mr. Mohamad has carried his burden of proof. The Secretary’s documents show that a tetanus vaccine can cause GBS. This evidence plus the reports from doctors who treated Mr. Mohamad constitute preponderant evidence. Moreover, the Secretary has not established any alternative cause for Mr. Mohamad’s GBS. Accordingly, Mr. Mohamad is entitled to compensation. I. Facts Mr. Mohamad was born in Iraq in 1970. He was educated until the 9th grade. Tr. 16. He also received training as a machinist. Tr. 17. He immigrated to the United States in 1999, and arrived in Colorado in 2000. Id. His wife, Salwa Asada, was born in Lebanon and came to the United States in 1997. Tr. 26. To support his family and himself, Mr. Mohamad worked at a Winchell’s Donut House, which he sold in 2012. Tr. 18. He started a grocery store called Bus Stop Groceries, which was located on Colfax Street in Denver. But, he closed the store in 2015 because business was slow. Tr. 19. In 2015, Mr. Mohamad and his wife owned a townhouse located at Fulton Circle in Denver. Tr. 21. He testified that before the vaccination, he was in good health. Tr. 12.1 Mr. Mohamad had an appointment with his primary care doctor, affiliated with Kaiser Permanente, to obtain a routine physical on September 18, 2015. Tr. 11; exhibit 6 at 15. During this appointment, Mr. Mohamad received the Tdap vaccination. Mr. Mohamad returned to Kaiser on Wednesday, September 30, 2015. Exhibit 6 at 20. Kaiser provided an official interpreter to assist Mr. Mohamad. Presumably through the interpreter, Mr. Mohamad told the doctor that he had “numbness sensation in both hands and feet and lower back x 2 days.” Id.2 The report of any exam is not included in the medical record. The doctor diagnosed Mr. Mohamad with hyperventilation syndrome. Id. During the morning of the next day, Mr. Mohamad fell in his house. Exhibit 3 at 4. Mr. Mohamad was taken to the emergency department at the University of Colorado hospital. Tr. 13; exhibit 3. Mr. Mohamad informed the medical staff that he felt numbness all over his body, stating “‘I feel paralyzed, like I …
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