E.T. v. HHS - Influenza, Guillain-Barre Syndrome (“GBS”) (2016)
Case summary [AI summaries can sometimes make mistakes]
E.T., a minor, by his parents Francisco and Luz Tamez, filed a petition for compensation under the National Vaccine Injury Compensation Program on November 13, 2015. They alleged that their son suffered Guillain-Barre Syndrome (GBS) as a consequence of his December 4, 2013 influenza vaccination.
The petition stated that the vaccination occurred within the United States, that the residual effects of the injury lasted for more than six months, and that there had been no prior award or settlement for this condition. The respondent denied that the flu vaccine caused E.T.'s GBS or any other injury.
Despite the denial, the parties filed a joint stipulation on November 13, 2015, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the Court's decision.
E.T. was awarded a total of $110,000: $4,700 for past unreimbursed medical expenses and $105,300 for all other damages. The clerk of the court was directed to enter judgment in accordance with this decision.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner E.T., a minor, by parents Francisco and Luz Tamez, alleged Guillain-Barre Syndrome (GBS) following a December 4, 2013 influenza vaccination. The respondent denied causation. The parties filed a joint stipulation on November 13, 2015, agreeing to compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation as the Court's decision. E.T. was awarded $110,000 ($4,700 for past unreimbursed medical expenses and $105,300 for all other damages). The public decision does not specify the theory of causation, mechanism, or name any experts.
Source PDFs
USCOURTS-cofc-1_15-vv-00181