Ova Franklin Kelly v. HHS - Influenza, Guillian-Barré Syndrome (“GBS”) (2015)
Case summary [AI summaries can sometimes make mistakes]
Ova Franklin Kelly filed a petition on February 23, 2015, alleging that he received an influenza vaccine on or about October 7, 2013, which caused him to suffer Guillian-Barré Syndrome (GBS) with residual effects lasting more than six months. The respondent denied that the vaccine caused the GBS.
The parties subsequently reached a stipulation of fact and law, agreeing that the flu vaccine caused Mr. Kelly's GBS.
On December 18, 2015, Special Master Christian J. Moran adopted the stipulation and awarded Mr.
Kelly $200,000.00 in compensation for all damages. Petitioner was represented by Vanessa L.
Brice of Colling Gilbert Wright & Carter, L.L.C., and the respondent was represented by Lara A. Englund of the United States Department of Justice.
Subsequently, on March 8, 2016, Special Master Christian J. Moran awarded $19,619.16 in attorneys' fees and costs, to which the respondent did not object.
This award was made payable to both petitioner and his attorney, Vanessa L. Brice.
Theory of causation
Petitioner Ova Franklin Kelly alleged that an influenza vaccine received on or about October 7, 2013, caused Guillian-Barré Syndrome (GBS). The flu vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties entered into a stipulation of fact and law agreeing that the flu vaccine caused petitioner's GBS. Special Master Christian J. Moran adopted this stipulation. Petitioner was awarded $200,000.00 for all damages. Attorneys' fees and costs totaling $19,619.16 were awarded on March 8, 2016. Petitioner was represented by Vanessa L. Brice and respondent by Lara A. Englund. The public decision does not describe the specific mechanism of causation, onset of symptoms, diagnostic tests, or treatments.
Source PDFs
USCOURTS-cofc-1_15-vv-00167