Kenneth Shores v. HHS - Influenza, Guillain-Barré Syndrome (2015)
Case summary [AI summaries can sometimes make mistakes]
Kenneth Shores filed a petition on August 22, 2014, alleging that he developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on November 19, 2012. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused Mr.
Shores' GBS. The parties reached a settlement and filed a joint stipulation for damages.
Special Master Thomas L. Gowen approved the stipulation.
Mr. Shores was awarded a total of $183,046.30.
This amount included a lump sum of $170,000.00 for all damages and $13,046.30 to reimburse the State of Oregon for a Medicaid lien. A separate decision on attorneys' fees and costs, filed on August 5, 2015, awarded $22,335.65 in fees and costs, with $12.62 for reimbursable costs payable directly to Mr.
Shores. The final decision on damages was entered on August 26, 2015.
The public decision does not describe the onset of symptoms, specific clinical details, or any medical experts. Petitioner was represented by Alison H.
Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Julia W. McInerny of the United States Department of Justice.
Theory of causation
Petitioner Kenneth Shores alleged that he developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on November 19, 2012. The respondent denied that the vaccination caused the GBS. The parties reached a stipulation for damages, and Special Master Thomas L. Gowen adopted the stipulation as the decision of the court. The award included $170,000.00 for all damages and $13,046.30 for reimbursement of a Medicaid lien. Attorneys' fees and costs were awarded separately in the amount of $22,335.65. The public decision does not specify the theory of causation, any medical experts, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_14-vv-00771