Judith Jetson v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2016)

Filed 2015-02-11Decided 2016-03-23Vaccine Influenza
compensated$255,407

Case summary [AI summaries can sometimes make mistakes]

Judith Jetson filed a petition for compensation under the National Vaccine Injury Compensation Program on February 11, 2015, alleging that she received an influenza vaccine on December 12, 2012, and subsequently developed Guillain-Barré Syndrome (GBS). She further alleged that she suffered residual effects from the condition for more than six months.

The respondent denied that the flu vaccine caused her GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on March 23, 2016, agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Judith Jetson a lump sum payment of $240,000.00 for all damages, payable to her.

Additionally, a lump sum payment of $15,407.75 was awarded for attorneys' fees and costs, payable to both Judith Jetson and her attorney, Howard S. Gold.

The total compensation awarded amounted to $255,407.75. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation.

Petitioner was represented by Howard S. Gold, and respondent was represented by Julia W.

McInerny.

Theory of causation

Petitioner Judith Jetson alleged that an influenza vaccine administered on December 12, 2012, caused her to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation awarded a total of $255,407.75, comprising $240,000.00 for damages and $15,407.75 for attorneys' fees and costs. The public decision does not detail the specific theory of causation, medical experts, or evidence presented regarding the mechanism of injury. The case was resolved via stipulation, not through litigation of the causation theory.

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