Buel Dean Hamilton v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2015)

Filed 2014-09-24Decided 2015-03-06Vaccine Influenza
dismissed$35,150

Case summary [AI summaries can sometimes make mistakes]

Buel Dean Hamilton filed a petition alleging that influenza and/or meningococcal vaccinations received in November 2009 caused him to develop Guillain-Barré syndrome (GBS). He had a complex medical history, including a recent diagnosis of idiopathic thrombocytopenia purpura and hepatitis C infection, prior to receiving the flu vaccine.

Approximately one week after the flu shot, he received other vaccinations, and about six weeks after the flu shot, he was diagnosed with GBS. The respondent argued that causation was tenuous due to the time lapse and the presence of alternative causes, such as a prior viral infection and his pre-existing conditions.

The petitioner repeatedly requested extensions to file an expert report, but ultimately failed to do so. The court dismissed the case for insufficient proof of causation, as no expert opinion was provided to connect the vaccinations to the GBS.

Subsequently, the parties stipulated to an award of attorneys' fees and costs in the amount of $35,150.00.

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