Brian Patterson v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2015)

On January 27, 2014, Frances Patterson, administrator of the estate of Brian Patterson, filed a petition under the National Vaccine Injury Compensation Program. Initially, the petition concerned a tetanus-diphteria-acellular-pertussis (Tdap) vaccine.

On October 7, 2014, the petition was amended to include an influenza (flu) vaccine administered on November 10, 2011, and a Tdap vaccine administered on December 28, 2011. The amended petition alleged that these vaccines caused Brian Patterson to develop Guillain-Barré syndrome (GBS), which ultimately led to his death on February 15, 2012.

The respondent, the Secretary of Health and Human Services, denied that the Tdap and/or flu vaccines caused Brian Patterson's alleged GBS, any other injury, or his death. Despite this denial, the parties reached a joint stipulation for damages, which was filed on February 9, 2015.

Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Brian Patterson's estate a lump sum of $320,000.00, payable to petitioner as the legal representative of the estate, as compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The decision was entered on February 9, 2015, following the parties' agreement to forgo review. Ronald Craig Homer represented the petitioner, and Julia Wernett McInerny represented the respondent.

The public decision does not describe the onset of symptoms, specific clinical details of the GBS, diagnostic tests, treatments, or the specific mechanism of causation.