Ivy E. Gowans v. HHS - HPV, Guillain-Barré Syndrome (“GBS”) (2016)
Case summary [AI summaries can sometimes make mistakes]
On May 22, 2014, Ivy E. Gowans, through her parents as she was a minor at the time, filed a petition for vaccine compensation.
The petition alleged that the human papillomavirus (HPV) vaccine, received on March 18, 2011, and May 24, 2011, caused her to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The HPV vaccine is listed on the Vaccine Injury Table.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the GBS. The parties, represented by counsel Christopher E.
Hultquist for the petitioner and Ann D. Martin for the respondent, reached a joint stipulation to settle the case.
Special Master Christian J. Moran reviewed and adopted the stipulation.
As part of the settlement, Ivy E. Gowans was awarded $70,000.00 in compensation for all damages.
This amount was to be paid as a lump sum in the form of a check. The stipulation also provided for future proceedings to award reasonable attorneys' fees and costs.
The settlement was a compromise of liability and damages and did not constitute an admission by the United States that the HPV vaccine caused the GBS. The decision was filed on July 14, 2016.
Theory of causation
Petitioner Ivy E. Gowans, who was a minor at the time of vaccination, received two doses of the HPV vaccine on March 18, 2011, and May 24, 2011. She alleged that the May 24, 2011, HPV vaccine caused her to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The HPV vaccine is listed on the Vaccine Injury Table, and this case proceeded as a Table claim. Respondent denied that the vaccine caused the GBS. The parties reached a stipulation, agreeing to settle the case. The Special Master adopted the stipulation, awarding Ivy E. Gowans $70,000.00 in compensation for all damages. The stipulation also provided for future proceedings to award reasonable attorneys' fees and costs. The settlement was a compromise of liability and damages and did not constitute an admission by the United States that the HPV vaccine caused the GBS. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case, nor does it detail the mechanism of causation.
Source PDFs
USCOURTS-cofc-1_14-vv-00440