Madsen v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2016)
Case summary [AI summaries can sometimes make mistakes]
On October 14, 2016, an unnamed petitioner filed a claim under the National Childhood Vaccine Injury Act of 1986, alleging that an Influenza ("Flu") vaccine administered on September 18, 2013, caused her to develop Guillain-Barré Syndrome ("GBS"). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's GBS or any other injury.
However, on October 11, 2016, the parties filed a joint stipulation on damages, agreeing that compensation should be awarded. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
The stipulation awarded the petitioner a lump sum payment of $2,978,711.73, which represented compensation for first-year life care expenses ($24,251.49), lost earnings ($2,718,701.03), pain and suffering ($225,000.00), and past unreimbursable expenses ($10,759.21). Additionally, an amount sufficient to purchase an annuity contract was awarded.
The total award, including the annuity component, amounted to $2,989,470. The parties waived their right to seek review, and judgment was entered accordingly.
The decision was originally filed on July 29, 2015, and refiled in redacted form on December 2, 2016, to protect the petitioner's identity. The public decision does not describe the petitioner's specific onset of symptoms, medical tests, treatments, or the specific mechanism of causation.
Petitioner was represented by Carol L. Gallagher, Esq., LLC, and respondent was represented by Darryl R.
Wishard of the United States Department of Justice.
Theory of causation
The petitioner alleged that an Influenza ("Flu") vaccine administered on September 18, 2013, caused her to develop Guillain-Barré Syndrome ("GBS"). The respondent denied causation. The parties subsequently filed a joint stipulation on damages, agreeing to an award. The Special Master adopted the stipulation. The award included a lump sum of $2,978,711.73 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, plus an amount for an annuity, totaling $2,989,470. 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 decided by Special Master Lisa Hamilton-Fieldman on December 2, 2016, based on a stipulation filed by petitioner's counsel Carol L. Gallagher and respondent's counsel Darryl R. Wishard.
Source PDFs
USCOURTS-cofc-1_15-vv-00807