Bruce Tuthill v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) (2016)
Case summary [AI summaries can sometimes make mistakes]
Bruce Tuthill filed a petition for compensation under the National Vaccine Injury Compensation Program on August 3, 2015. He alleged that he suffered Guillain-Barré Syndrome (GBS) caused in fact by the influenza vaccine he received on October 1, 2014.
Mr. Tuthill further alleged that he has suffered the effects of his injury for more than six months and has not filed a civil suit or received other compensation for his vaccine-caused injury.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury. Nevertheless, on September 1, 2016, the parties filed a joint stipulation for damages, stating that a decision should be entered awarding compensation.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Bruce Tuthill was awarded a lump sum of $70,000.00, payable to him, as compensation for all items of damages available under § 15(a).
Maximillian Muller of Muller Brazil, LLP, represented the petitioner, and Althea Davis of the U.S. Department of Justice represented the respondent.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Bruce Tuthill alleged that he suffered Guillain-Barré Syndrome (GBS) caused in fact by the influenza vaccine he received on October 1, 2014. The respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented to support or refute the causation theory. The award of $70,000.00 was based on the joint stipulation, not a finding of fact or law on the merits of the causation theory. The theory of causation is described as 'Off-Table' in the provided database fields, and the public decision does not elaborate on this classification or provide further details on the specific theory presented or considered. Chief Special Master Nora Beth Dorsey issued the decision on November 2, 2016, adopting the stipulation. Petitioner was represented by Maximillian Muller, and respondent by Althea Davis.
Source PDFs
USCOURTS-cofc-1_15-vv-00828