Michael Opperman v. HHS - Influenza, Guillain-Barre Syndrome (2016)

Filed 2014-12-22Decided 2016-06-01Vaccine Influenza
compensated$100,000

Case summary [AI summaries can sometimes make mistakes]

Michael Opperman filed a petition for compensation under the National Vaccine Injury Compensation Program on December 22, 2014. He alleged that he suffered Guillain-Barre Syndrome (GBS) as a result of his December 27, 2011 influenza vaccination and his January 24, 2012 tetanus-diphtheria-acellular pertussis (Tdap) vaccination.

Mr. Opperman further alleged that he experienced residual effects from the injury for more than six months and had received no prior compensation.

The respondent, the Secretary of Health and Human Services, denied that the vaccines caused petitioner's alleged GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on May 2, 2016, agreeing that compensation should be awarded.

The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Michael Opperman was awarded a lump sum of $100,000.00, representing compensation for all items of damages available under the Vaccine Act.

The decision was issued by Chief Special Master Nora Beth Dorsey. Petitioner's counsel was Jerome A.

Konkel of Samster, Konkel & Safran, SC, and respondent's counsel was Jennifer Leigh Reynaud of the U.S. Department of Justice.

The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses.

Theory of causation

Petitioner Michael Opperman alleged that his December 27, 2011 influenza vaccination and January 24, 2012 Tdap vaccination caused Guillain-Barre Syndrome (GBS) and its residual effects. Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. The Special Master adopted the stipulation. Petitioner was awarded $100,000.00 as a lump sum. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision date was June 1, 2016. Attorneys involved were Jerome A. Konkel for the petitioner and Jennifer Leigh Reynaud for the respondent. Chief Special Master Nora Beth Dorsey issued the decision.

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