Constance Wadkins v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2016)
Case summary [AI summaries can sometimes make mistakes]
Constance Wadkins filed a petition for compensation under the National Vaccine Injury Compensation Program on July 14, 2015. She alleged that she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on January 7, 2013, and a Tetanus-diphtheria-acellular pertussis (Tdap) vaccine received on January 24, 2013.
Ms. Wadkins further alleged that she experienced residual effects of this injury for more than six months.
The respondent denied that the vaccinations caused her alleged injuries or any other condition. Nevertheless, on June 28, 2016, the parties filed a joint stipulation 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. Constance Wadkins was awarded a lump sum of $190,000.00, payable to her, as compensation for all items of damages.
The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. Petitioner counsel was Isaiah R.
Kalinowski of Maglio Christopher & Toale, PA, and respondent counsel was Alexis B. Babcock of the U.S.
Department of Justice.
Theory of causation
Petitioner Constance Wadkins alleged that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on January 7, 2013, and a Tdap vaccine received on January 24, 2013, with residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $190,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation. The decision was issued on August 16, 2016, based on a stipulation filed June 28, 2016. Attorneys for petitioner were Isaiah R. Kalinowski and for respondent was Alexis B. Babcock.
Source PDFs
USCOURTS-cofc-1_15-vv-00728