Mary Brown v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2014)
Case summary [AI summaries can sometimes make mistakes]
Mary Brown filed a petition on March 22, 2012, alleging that an influenza vaccination she received on September 23, 2010 caused her to develop Guillain-Barré Syndrome (GBS), with residual effects lasting more than six months. Respondent denied that the flu vaccination caused petitioner's GBS or any other injury.
Nonetheless, both parties agreed in a joint stipulation filed March 11, 2014 to settle the case. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court.
Petitioner received: a lump sum of $234,848.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a) other than the Medicaid lien and provider reimbursement; a lump sum of $34,615.13 representing a North Carolina Medicaid lien, payable jointly to petitioner and the NC Division of Medical Assistance (which petitioner agreed to endorse to the state); and a lump sum of $152.00 representing past unreimbursed expenses, payable jointly to petitioner and Asheville Eye Associates, PLLC (which petitioner agreed to endorse to the provider).
Theory of causation
Flu Sep 23, 2010 → GBS. Joint stipulation Mar 11, 2014; respondent denied causation; SM Gowen. $234,848 comp + $34,615.13 NC Medicaid lien (NC DHHS; petitioner endorses) + $152 past unreimbursed expenses (Asheville Eye Associates). Counsel: John R. Howie Jr., Howie Law, Dallas TX.
Source PDFs
USCOURTS-cofc-1_12-vv-00187