Keith Pryor v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) and/or an acute complication or sequella of an illness, disability, injury, or condition; weakness and numbness in his arms, legs, feet, hands, and overall; severe headaches, postural tachycardia, palpitations, blurred vision, dizziness, fatigue, tinnitus, weight loss, and chest pain; autonomic dysfunction; autonomic syndrome. (2015)
Case summary [AI summaries can sometimes make mistakes]
Keith Pryor filed a petition on November 6, 2009, and filed an amended petition on June 23, 2011, alleging that a trivalent influenza vaccine he received on November 1, 2006 caused him to develop weakness and numbness in his arms, legs, feet, and hands; severe headaches; postural tachycardia; palpitations; blurred vision; dizziness; fatigue; tinnitus; weight loss; and chest pain. The amended petition also alleged Guillain-Barré syndrome or acute complications or sequelae.
In prehearing submissions, Mr. Pryor argued that his injuries were consistent with autonomic dysfunction and autonomic syndrome.
An entitlement hearing was held on January 9 and 10, 2013. No decision was entered on the basis of that hearing, as the parties subsequently decided to engage in post-hearing settlement discussions.
The parties filed a joint stipulation on August 5, 2014. Respondent denied that the flu vaccine was the cause of Mr.
Pryor's injuries. Nevertheless, the parties agreed to resolve the case through stipulation.
Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court. Mr.
Pryor received a lump sum payment of $325,000.00 representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On May 29, 2015, the parties filed a stipulation concerning attorneys' fees and costs, agreeing to an award of $120,000.00.
Mr. Pryor represented that he did not incur any reimbursable costs.
Special Master Gowen awarded $120,000.00, payable jointly to Mr. Pryor and his attorney, Brian R.
Arnold, of Brian R. Arnold & Associates, Dallas, Texas.
Theory of causation
Flu vaccine Nov 1, 2006 → GBS + weakness/numbness/headaches/postural tachycardia/autonomic dysfunction. Entitlement hearing Jan 9-10, 2013; settled post-hearing. Joint stipulation Aug 5, 2014; $325,000 lump sum (SM Gowen). Fees $120,000 (June 1, 2015). All DB dates correct.
Source PDFs
USCOURTS-cofc-1_09-vv-00760