Kirsten McEvoy v. HHS - Influenza, Guillain-Barre Syndrome (“GBS”) (2015)
Case summary [AI summaries can sometimes make mistakes]
Kirsten McEvoy filed a petition for compensation under the National Vaccine Injury Compensation Program on September 30, 2014. She alleged that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination.
The respondent denied that the vaccine caused GBS or any other injury. The parties reached a settlement, and on September 16, 2015, they filed a joint stipulation agreeing to settle the case.
The respondent agreed to pay the petitioner a lump sum of $151,795.27, representing compensation for all damages available under the Vaccine Act. On September 28, 2015, the parties filed a stipulation concerning attorneys' fees and costs, agreeing to an award of $16,014.42.
The Chief Special Master, Nora Beth Dorsey, adopted the stipulations and awarded compensation for damages and attorneys' fees and costs. Petitioner was represented by John Robert Howie, Jr. of Howie Law, P.C., and respondent was represented by Ann Donohue Martin of the U.S.
Department of Justice.
Theory of causation
Petitioner Kirsten McEvoy alleged that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination. Respondent denied causation. The parties reached a stipulation for settlement, and the case was resolved without a detailed discussion of the medical theory of causation or expert testimony in the provided public text. The settlement included a lump sum award of $151,795.27 for damages and $16,014.42 for attorneys' fees and costs, totaling $167,809.69. The decision was issued by Chief Special Master Nora Beth Dorsey on November 13, 2015, based on stipulations filed on September 16, 2015, and September 28, 2015. Petitioner's counsel was John Robert Howie, Jr., and respondent's counsel was Ann Donohue Martin.
Source PDFs
USCOURTS-cofc-1_14-vv-00928