Samuel Crosby v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) (2017)

Filed 2017-01-23Decided 2017-06-15Vaccine Influenza
compensated$118,880

Case summary [AI summaries can sometimes make mistakes]

Samuel Crosby filed a petition for compensation under the National Vaccine Injury Compensation Program on June 1, 2015, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on January 6, 2014. He asserted that the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that there had been no prior award or settlement for his condition.

The respondent denied that the flu vaccine caused petitioner's alleged GBS or his current disabilities. Despite the denial, the parties filed a joint stipulation on January 23, 2017, agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Samuel Crosby was awarded a lump sum of $118,880.00 as compensation for all damages available under the Vaccine Act.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Petitioner was represented by Jessica W.

Hayes of the Murray Law Firm, and respondent was represented by Claudia B. Gangi of the U.S.

Department of Justice.

Theory of causation

Petitioner Samuel Crosby alleged Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on January 6, 2014. Respondent denied causation. The parties filed a joint stipulation for compensation on January 23, 2017. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $118,880.00 for all damages. Petitioner counsel was Jessica W. Hayes, and respondent counsel was Claudia B. Gangi.

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