Debra Kuhn v. HHS - Influenza, Guillain-Barré syndrome (2015)
Case summary [AI summaries can sometimes make mistakes]
Debra Kuhn filed a petition under the National Vaccine Injury Compensation Program on October 15, 2013, alleging that she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on September 13, 2011. She further alleged that she experienced residual effects from these injuries for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on January 9, 2015, agreeing to an award of compensation.
Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The parties stipulated that Debra Kuhn would receive a lump sum of $165,000.00 as compensation for all damages available under the National Vaccine Injury Compensation Program.
Judgment was to be entered accordingly, with the clerk of the court to enter judgment in accordance with the terms of the parties' stipulation.
Theory of causation
Petitioner Debra Kuhn alleged that an influenza vaccine administered on September 13, 2011, caused her Guillain-Barré syndrome (GBS) and residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation for compensation, which Special Master Nora Beth Dorsey adopted. The stipulation resulted in an award of $165,000.00. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Petitioner counsel was Diana Stadelnikas Sedar of Maglio, Christopher & Toale, PA, and respondent counsel was Julia Wernett McInerny of the United States Department of Justice. The decision date was January 12, 2015.
Source PDFs
USCOURTS-cofc-1_13-vv-00802