Thomas Weil v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2014)
Case summary [AI summaries can sometimes make mistakes]
On September 10, 2013, Thomas Weil filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine he received on October 30, 2012, caused him to develop Guillain-Barré Syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury.
Despite this denial, both parties filed a joint stipulation on April 24, 2014, agreeing to a settlement. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
As per the stipulation, petitioner Thomas Weil was awarded a lump sum of $100,000.00, payable by check to petitioner. This amount was intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a).
The decision was posted on the United States Court of Federal Claims website, with parties having 14 days to request redactions for trade secrets, confidential information, or medical files that could constitute an unwarranted invasion of privacy. Judgment was to be entered in accordance with the stipulation, unless a motion for review was filed.
Theory of causation
Petitioner Thomas Weil alleged that an influenza vaccine administered on October 30, 2012, caused him to develop Guillain-Barré Syndrome (GBS). Respondent denied causation. The parties reached a joint stipulation on April 24, 2014, agreeing to compensation. Special Master Nora Beth Dorsey approved the stipulation. Petitioner was awarded $100,000.00 as a lump sum for all damages under 42 U.S.C. § 300aa-15(a). Petitioner's counsel was Sherry K. Drew of McDowell & Drew, Ltd. Respondent's counsel was Lindsay Corliss. The decision date was November 18, 2014, though the stipulation was filed April 24, 2014. The public decision does not describe the specific medical onset, symptoms, tests, treatments, or expert testimony, nor does it detail the mechanism of causation beyond the alleged vaccine-GBS link.
Source PDFs
USCOURTS-cofc-1_13-vv-00660