Michael C. King v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) (2016)

Filed 2015-05-15Decided 2016-05-04Vaccine Influenza
compensated$145,000

Case summary [AI summaries can sometimes make mistakes]

Michael C. King filed a petition for compensation under the National Vaccine Injury Compensation Program on May 15, 2015, alleging he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on December 10, 2012.

The petition also mentioned pneumococcal polysaccharide and/or tetanus-diphtheria-pertussis (Tdap) vaccines received on January 10, 2013, but the parties stipulated that the award would be based on the allegations regarding the influenza vaccine. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Mr.

King's GBS or any other injury. The parties subsequently filed a joint stipulation to settle the case.

As part of the stipulation, Mr. King was awarded a lump sum of $145,000.00, payable to him, representing compensation for all damages available under the Vaccine Act.

Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the court and directed the clerk to enter judgment accordingly. The public decision does not describe the onset of symptoms, specific medical tests, or treatments.

Petitioner's counsel was Kathy Lee, Cline, Farrell et al., and respondent's counsel was Christine Becer. The case proceeded as a "Table claim" because GBS is listed on the Vaccine Injury Table for the influenza vaccine.

Theory of causation

Petitioner Michael C. King alleged that he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on December 10, 2012. Respondent denied causation. The parties filed a joint stipulation agreeing to settle the case, and the Special Master adopted the stipulation. The case proceeded as a "Table claim" because GBS is listed on the Vaccine Injury Table for the influenza vaccine. Petitioner received a lump sum award of $145,000.00. The public text does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the causation theory. The stipulation states that it represents a full and complete negotiated settlement of liability and damages, and is not an admission by the United States or the Secretary of Health and Human Services that the vaccine caused the GBS. The decision was issued by Chief Special Master Nora Beth Dorsey on May 4, 2016, based on a stipulation filed January 28, 2016. Petitioner's counsel was Kathy Lee, Cline, Farrell et al., and respondent's counsel was Christine Becer.

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