Thomas Dausman v. HHS - Influenza, Guillain Barre Syndrome (2016)
Case summary [AI summaries can sometimes make mistakes]
Thomas Dausman filed a petition for compensation under the National Vaccine Injury Compensation Program on June 26, 2015, alleging that he suffered Guillain Barre Syndrome (GBS) as a result of his April 3, 2014 influenza vaccination. He further alleged that he suffered residual effects or complications from GBS for more than six months.
The petition stated that neither he nor anyone on his behalf had brought a prior action or received a prior award or settlement for his injuries. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused GBS or any other injury.
Despite the respondent's denial, the parties filed a joint stipulation for damages, attorneys' fees, and costs on February 29, 2016, 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.
Thomas Dausman was awarded a lump sum of $250,000.00, payable to him, as compensation for all items of damages. Additionally, a lump sum payment of $21,900.00 was awarded, payable jointly to Thomas Dausman and his counsel, Bruce W.
Slane, for attorneys' fees and costs. The decision was issued on May 10, 2016.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Petitioner was represented by Bruce William Slane of the Law Office of Bruce W.
Slane, P.C., and respondent was represented by Ann Donohue Martin of the U.S. Department of Justice.
Theory of causation
Petitioner Thomas Dausman alleged that his April 3, 2014 influenza vaccination caused Guillain Barre Syndrome (GBS) and residual effects for more than six months. Respondent denied causation. The parties filed a joint stipulation for damages and attorneys' fees and costs, agreeing to an award. The stipulation was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $250,000.00 for damages and $21,900.00 for attorneys' fees and costs. The decision was issued on May 10, 2016. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_15-vv-00674