Dawn Kelly v. HHS - Influenza, Guillain-Barre Syndrome (2017)
Case summary [AI summaries can sometimes make mistakes]
On July 22, 2015, Dawn Kelly filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccination on October 12, 2012. The respondent denied that the vaccination caused her injury.
The parties, however, reached a joint stipulation to settle the case. Under the terms of the stipulation, the respondent agreed to issue payments totaling $61,152.92.
This amount included $1,152.92 to satisfy a Georgia Medicaid lien and $60,000.00 as compensation for all damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation accordingly.
The decision does not specify the time to onset of Ms. Kelly's GBS, the specific influenza vaccine received, or whether the claim was considered a Table or off-Table injury.
Petitioner counsel was Carol Gallagher of Carol Gallagher, Esquire, LLC, and respondent counsel was Adriana Teitel of the U.S. Department of Justice.
Theory of causation
Petitioner Dawn Kelly alleged that she developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on October 12, 2012. Respondent denied causation. The parties reached a joint stipulation to settle the case. The settlement included a payment of $1,152.92 to satisfy a Georgia Medicaid lien and $60,000.00 for all damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation on March 9, 2017. The public decision does not specify the mechanism of injury, expert testimony, or whether the claim was considered a Table or off-Table injury.
Source PDFs
USCOURTS-cofc-1_15-vv-00765