Ronald Keaton v. HHS - Influenza, Guillain-Barre syndrome (GBS) / chronic inflammatory demyelinating polyneuropathy (CIDP) (2015)
Case summary [AI summaries can sometimes make mistakes]
Ronald Keaton filed a petition on July 17, 2012, alleging that a seasonal influenza vaccine and a pneumonia vaccine he received on August 31, 2010, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP), initially diagnosed as Miller-Fisher variant acute inflammatory demyelinating poly-neuropathy (AIDP), often referred to as Guillain-Barre syndrome (GBS). The adult pneumococcal vaccine is not covered by the National Vaccine Injury Compensation Program, so the claim was limited to the alleged influenza vaccine.
The respondent challenged whether the petitioner had actually received a flu vaccine on August 31, 2010. After a hearing, interrogatories, additional medical record filings, and a ruling on the record, Special Master Thomas L.
Gowen found that the petitioner had not demonstrated by a preponderance of the evidence that a flu vaccine was administered on that date. The public decision does not describe the onset of symptoms, specific clinical details of the GBS/CIDP, or any medical experts.
The case was dismissed in a published fact ruling and dismissal decision issued July 2, 2014. Subsequently, on February 8, 2015, the parties filed a stipulation for attorneys' fees and costs.
Special Master Gowen awarded $45,000.00 in attorneys' fees and costs, payable jointly to the petitioner and his counsel, Firooz T. Namei of McKinney & Namei Company, L.P.A., finding that the petition had been brought in good faith and that a reasonable basis for the claim had existed, pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1).
Theory of causation
Petitioner Ronald Keaton alleged that an influenza vaccine administered on August 31, 2010, caused GBS/CIDP. The adult pneumococcal vaccine was also administered but is not a covered vaccine. The respondent challenged the proof of vaccination. Special Master Thomas L. Gowen dismissed the petition, finding that the petitioner failed to prove by a preponderance of the evidence that a flu vaccine was administered on August 31, 2010. The decision was based on a review of the record, including testimony from Mr. and Mrs. Keaton, medical records from the Central Ohio Pulmonary Disease and Sleep Medicine practice, and interrogatory answers from the practice administrator. Key evidence against vaccination included the absence of a flu vaccine entry on the billing ticket and vaccine log, and the lack of mention of a flu vaccine in Dr. Seifu's chart notes and letter to the primary care physician, despite specific mention of the pneumococcal vaccine. The decision noted that the lot numbers on the consent form were for expired batches. The public decision does not name medical experts or detail a specific mechanism of causation. Attorneys for the petitioner were Firooz Namei of McKinney & Namei Company, L.P.A. Attorneys for the respondent were Debra Begley. Special Master Gowen issued the dismissal decision on July 2, 2014, and the fees decision on March 3, 2015. Fees awarded were $45,000.00.
Source PDFs
USCOURTS-cofc-1_12-vv-00444