Richard T. Dahl v. HHS - Influenza, Guillain-Barré Syndrome (2017)
Case summary [AI summaries can sometimes make mistakes]
Richard T. Dahl, by his mother and legal guardian Carrie Barth, filed a petition for vaccine compensation on February 5, 2013.
The petition alleged that an influenza vaccine administered on November 2, 2011, caused Richard to develop Guillain-Barré Syndrome (GBS) and other adverse injuries, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Richard's GBS or any other injury.
Despite these opposing positions, the parties reached a joint stipulation to settle the case. Special Master Christian J.
Moran adopted the stipulation as the decision of the Court. The award included a lump sum of $25,000.00 to reimburse the State of Minnesota Department of Human Services for a medical lien, payable jointly to petitioner and the Minnesota Department of Human Services.
An additional lump sum of $248,000.00 was awarded, payable to Carrie Barth as guardian/conservator of Richard Dahl's estate, representing compensation for all other damages. The case proceeded as a Table claim, as GBS is listed on the Vaccine Injury Table for the influenza vaccine.
The stipulation also addressed future proceedings for attorneys' fees and costs. The parties released the United States from further claims related to the vaccination in exchange for the compensation.
Petitioner counsel was Kate G. Westad of Larkin Hoffman, et al.
Ltd., and respondent counsel was Linda S. Renzi of the U.S.
Department of Justice. The decision was issued on April 20, 2017.
Theory of causation
Petitioner alleged that the influenza vaccine administered on November 2, 2011, caused Richard T. Dahl to develop Guillain-Barré Syndrome (GBS) and other adverse injuries with residual effects lasting more than six months. Respondent denied causation. The case proceeded as a Table claim, as GBS is a condition listed on the Vaccine Injury Table for the influenza vaccine. The parties reached a joint stipulation to settle the case, with Special Master Christian J. Moran adopting the stipulation. The award totaled $273,000.00, consisting of $25,000.00 for a medical lien reimbursement and $248,000.00 as a lump sum for all other damages. Petitioner was represented by Kate G. Westad, and respondent was represented by Linda S. Renzi. The decision was issued on April 20, 2017.
Source PDFs
USCOURTS-cofc-1_13-vv-00098