Robert Horner v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2016)
Case summary [AI summaries can sometimes make mistakes]
Robert Horner filed a petition for compensation under the National Vaccine Injury Compensation Program on March 21, 2016, alleging he suffered Guillain-Barre Syndrome (GBS) following an influenza vaccination on September 24, 2013. Petitioner also stated there had been no prior award or settlement of a civil action for damages on his behalf as a result of his injury.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged GBS, any other injury, or his current disabilities. Despite the respondent's denial, the parties filed a joint stipulation for damages on March 21, 2016.
Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Mr.
Horner a lump sum of $368,476.18, payable by check to the petitioner. This amount represents compensation for all items of damages available under the Vaccine Act.
The decision was entered on September 21, 2016. Petitioner was represented by Isaiah Kalinowski of Maglio Christopher & Toale, PA, and respondent was represented by Claudia Barnes Gangi of the U.S.
Department of Justice.
Theory of causation
Petitioner Robert Horner alleged Guillain-Barre Syndrome (GBS) following an influenza vaccination on September 24, 2013. Respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation awarded petitioner a lump sum of $368,476.18. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments. The decision date was September 21, 2016. Petitioner's counsel was Isaiah Kalinowski, and respondent's counsel was Claudia Barnes Gangi.
Source PDFs
USCOURTS-cofc-1_15-vv-00395