Kelly Johnson v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2015)
Case summary [AI summaries can sometimes make mistakes]
Kelly Johnson filed a petition on February 27, 2014, alleging that she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on January 17, 2013. She further alleged that she experienced residual effects of these injuries for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or significantly aggravated the petitioner's alleged injuries or any other injury, and denied that her current disabilities were the result of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing to a settlement.
Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Under the terms of the stipulation, Kelly Johnson was awarded a lump sum of $32,500.00 for all damages.
Additionally, the parties stipulated to attorneys' fees and costs in the amount of $17,000.00, which Special Master Dorsey also approved. The judgment was entered in accordance with the terms of the parties' stipulation.
Petitioner was represented by Danielle Anne Strait of Maglio Christopher & Toale, PC, and respondent was represented by Darryl R. Wishard of the United States Department of Justice.
The decision was issued on February 19, 2015.
Theory of causation
Petitioner Kelly Johnson received an influenza vaccine on January 17, 2013, and alleged she suffered from Guillain-Barré syndrome (GBS) as a result, with residual effects lasting more than six months. The respondent denied causation. The case was settled via joint stipulation, with the Special Master adopting the stipulation as the decision of the Court. The public decision does not describe the specific medical mechanism or expert testimony regarding causation. The award included a lump sum of $32,500.00 for all damages and $17,000.00 for attorneys' fees and costs. Special Master Nora Beth Dorsey issued the decision on February 19, 2015. Petitioner's counsel was Danielle Anne Strait, and respondent's counsel was Darryl R. Wishard.
Source PDFs
USCOURTS-cofc-1_14-vv-00159