Kelly A. Loebig v. HHS - Influenza, Guillian-Barre Syndrome (2015)
Case summary [AI summaries can sometimes make mistakes]
Kelly A. Loebig filed a petition on October 5, 2015, alleging that she developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on or about January 3, 2014.
She further alleged that she experienced residual effects of her injury for more than six months. Respondent denied that the flu vaccination caused petitioner's GBS or any other injury.
Nevertheless, the parties filed a joint stipulation on damages and attorneys' fees and costs. Special Master Thomas L.
Gowen adopted the stipulation, awarding Kelly A. Loebig $90,000.00 in compensation for all damages, $2,462.30 for attorneys' fees and costs, and $400.00 for petitioner's incurred costs.
Judgment was entered in accordance with the stipulation.
Theory of causation
Petitioner Kelly A. Loebig alleged that an influenza vaccine administered on or about January 3, 2014, caused her to develop Guillain-Barre Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation for an award. The public decision does not describe the specific mechanism of causation, medical experts, or clinical details of the GBS onset or progression. Special Master Thomas L. Gowen adopted the stipulation, awarding $90,000.00 for damages, $2,462.30 for attorneys' fees and costs to Charles P. Falk and petitioner, and $400.00 for petitioner's costs. The decision was issued on October 27, 2015.
Source PDFs
USCOURTS-cofc-1_14-vv-01215