Betty West v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2015)

Filed 2014-10-09Decided 2015-11-13Vaccine Influenza
compensated$238,969

Case summary [AI summaries can sometimes make mistakes]

Betty West filed a petition for compensation under the National Vaccine Injury Compensation Program on October 9, 2014. She alleged that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on October 5, 2013.

Ms. West further alleged that she experienced residual effects of GBS for more than six months and continues to suffer from her injury.

The respondent denied that the influenza vaccination caused petitioner's GBS or any other injury. The parties, however, reached a settlement.

On July 23, 2015, Chief Special Master Denise Kathryn Vowell issued a decision awarding damages based on a joint stipulation. The settlement included a lump sum payment of $225,000.00 to Ms.

West for all damages available under the Vaccine Act. Subsequently, on November 13, 2015, Chief Special Master Nora Beth Dorsey issued a decision on attorneys' fees and costs.

Based on a stipulation between the parties, an additional $13,969.80 was awarded for attorneys' fees and costs, jointly payable to Ms. West and her counsel, Amber Wilson of Maglio Christopher & Toale, PA.

This brought the total compensation to $238,969.00. The case was processed as a Table claim.

Petitioner was represented by Amber Wilson, Esq., and respondent was represented by Christine Becer, Esq. 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.

Theory of causation

Petitioner Betty West alleged that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on October 5, 2013. The case was processed as a Table claim. The respondent denied causation. The parties reached a settlement, and a decision awarding damages was issued on July 23, 2015, granting a lump sum of $225,000.00. A subsequent decision on November 13, 2015, awarded $13,969.80 for attorneys' fees and costs, bringing the total compensation to $238,969.00. The public decision does not detail the specific mechanism of causation, expert testimony, or clinical findings beyond the alleged GBS diagnosis.

Source PDFs 2 total · 2 downloaded