Elizabeth Johnson v. HHS - Influenza, Guillain-Barre Syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP) (2017)
Case summary [AI summaries can sometimes make mistakes]
Elizabeth Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program on June 15, 2015. She alleged that she suffered from Guillain-Barre Syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP) following an influenza vaccination administered on January 16, 2014.
Ms. Johnson further alleged that the vaccination was administered within the United States, that she experienced residual effects of her injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner to suffer from GBS and CIDP or any other injury. Despite the denial, the parties filed a joint stipulation for damages on April 7, 2017.
Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. The award included a lump sum of $323,237.66, comprising $119,392.55 for first-year life care expenses, $200,000.00 for pain and suffering, and $3,845.11 for past unreimbursable expenses.
This amount was to be paid by check to petitioner, Elizabeth Johnson. Additionally, a lump sum payment of $339.45 was awarded for reimbursement of a lien for services.
This amount was to be paid by check jointly to petitioner, Elizabeth Johnson, and the Michigan Department of Health and Human Services, Third Party Liability Division. Petitioner agreed to endorse this check to the Michigan Department of Health and Human Services.
The decision also awarded an amount sufficient to purchase an annuity contract, to be paid to the life insurance company from which the annuity would be purchased. The decision was entered on December 6, 2017.
Petitioner was represented by Gary Krochmal of the Law Offices of Gary A. Krochmal, PLLC, and respondent was represented by Douglas Ross of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of causation.
Theory of causation
Petitioner Elizabeth Johnson alleged that an influenza vaccination on January 16, 2014, caused her to suffer from Guillain-Barre Syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP). Respondent denied causation. The parties filed a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey on December 6, 2017. The stipulation resulted in an award of $323,237.66 for first-year life care expenses, pain and suffering, and past unreimbursable expenses, plus $339.45 for lien reimbursement, and an amount for an annuity. The public text does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the alleged injuries. Petitioner was represented by Gary Krochmal and respondent by Douglas Ross.
Source PDFs
USCOURTS-cofc-1_15-vv-00602