Christopher Aaron Fitzwater v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) (2016)
Case summary [AI summaries can sometimes make mistakes]
Christopher Aaron Fitzwater filed a petition on January 29, 2016, alleging that an influenza vaccine he received on October 15, 2013, caused him to develop Guillain-Barré Syndrome (GBS). Mr.
Fitzwater stated he received the vaccination in the United States, that he suffered the effects of his injury for more than six months, and that he had not received compensation for his vaccine-related injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury.
Nevertheless, on January 28, 2016, the parties filed a joint stipulation for compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.
Christopher Aaron Fitzwater was awarded a lump sum of $62,097.67 as compensation for all items of damages available under the Vaccine Act. Petitioner's counsel was Nancy Meyers of Ward Black Law, and respondent's counsel was Lara Englund of the U.S.
Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or any expert witnesses.
Theory of causation
Christopher Aaron Fitzwater alleged that an influenza vaccine administered on October 15, 2013, caused him to develop Guillain-Barré Syndrome (GBS). The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Mr. Fitzwater was awarded $62,097.67. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The case was resolved via stipulation.
Source PDFs
USCOURTS-cofc-1_15-vv-00579