Marvin C. Setness v. HHS - Influenza, Guillain-Barré syndrome (2016)

Filed 2013-12-17Decided 2016-06-28Vaccine Influenza
compensated$25,000

Case summary [AI summaries can sometimes make mistakes]

Marvin C. Setness filed a petition on December 17, 2013, seeking compensation under the National Vaccine Injury Compensation Program.

Mr. Setness alleged that he developed Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on December 1, 2010, and that the residual effects of this injury lasted for more than six months.

The respondent denied that the flu vaccine caused Mr. Setness's alleged injuries or his current condition.

Despite these disagreements, both parties agreed to settle the case through a stipulation filed on May 6, 2016. Special Master Brian H.

Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court. The stipulation awarded Mr.

Setness a lump sum of $25,000.00, payable by check to Petitioner, as compensation for all damages available under the National Vaccine Injury Compensation Program. The Special Master approved this award and directed the clerk to enter judgment accordingly, unless a motion for review was filed.

Petitioner was represented by Leslie M. Stovall of Stovall & Associates, and Respondent was represented by Alexis B.

Babcock of the U.S. Department of Justice.

The decision was issued on June 28, 2016.

Theory of causation

Petitioner Marvin C. Setness alleged he developed Guillain-Barré syndrome (GBS) after receiving an influenza vaccine on December 1, 2010, with residual effects lasting more than six months. Respondent denied causation. The parties settled via stipulation filed May 6, 2016, which was adopted by Special Master Brian H. Corcoran. The stipulation awarded Petitioner a lump sum of $25,000.00 for all damages. The public decision does not describe the specific medical mechanism, onset, symptoms, tests, treatments, or expert testimony. Petitioner was represented by Leslie M. Stovall, and Respondent by Alexis B. Babcock. The decision was issued June 28, 2016.

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