Robert Berkley v. HHS - Influenza, Guillain-Barre Syndrome (2016)
Case summary [AI summaries can sometimes make mistakes]
Robert Berkley filed a petition on May 28, 2015, alleging that he developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccination on October 17, 2013. The respondent denied that the vaccination caused the petitioner's injury.
The parties, however, reached a joint stipulation to settle the case. Under the terms of the stipulation, the respondent agreed to pay Mr.
Berkley a lump sum of $360,000.00 as compensation for all damages. Special Master Mindy Michaels Roth adopted the stipulation and directed that judgment be entered accordingly.
The decision was issued on September 21, 2016. Petitioner counsel was John R.
Howie, Jr. of Howie Law, P.C. Respondent counsel was Douglas Ross of the US Department of Justice.
The public decision does not describe the petitioner's specific symptoms, medical history, diagnostic tests, treatments, or any expert witnesses. The specific mechanism of causation was not detailed in the public decision.
Theory of causation
Petitioner Robert Berkley alleged that he developed Guillain-Barre Syndrome (GBS) following an influenza vaccination on October 17, 2013. The respondent denied causation. The parties reached a joint stipulation to settle the case, with the respondent agreeing to pay a lump sum of $360,000.00 for all damages. The Special Master adopted the stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The decision was issued by Special Master Mindy Michaels Roth on September 21, 2016. Petitioner counsel was John R. Howie, Jr., and respondent counsel was Douglas Ross.
Source PDFs
USCOURTS-cofc-1_15-vv-00546