Charles Jarrett v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) (2016)
Case summary [AI summaries can sometimes make mistakes]
Charles Jarrett filed a petition for compensation under the National Vaccine Injury Compensation Program on August 11, 2015, alleging he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on February 6, 2014. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr.
Jarrett's GBS or any other injury. The parties subsequently filed a joint stipulation on December 4, 2015, agreeing to an award of compensation.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Mr.
Jarrett was awarded a lump sum of $130,764.62, representing compensation for all items of damages available under the Vaccine Act. On April 26, 2016, a separate decision addressed attorney's fees and costs.
The parties had filed a stipulation on December 15, 2015, agreeing to an award of $16,120.40 for attorney's fees and costs. Chief Special Master Dorsey approved this amount as reasonable.
This award was to be paid as a lump sum in the form of a check jointly payable to Mr. Jarrett and his counsel, Amber Wilson of Maglio, Christopher and Toale.
The total compensation awarded to Mr. Jarrett was $146,885.02 ($130,764.62 in damages plus $16,120.40 for attorney's fees and costs).
The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. Petitioner was represented by Amber Wilson, and respondent was represented by Lara Englund.
Theory of causation
Petitioner Charles Jarrett alleged that he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on February 6, 2014. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $130,764.62 for damages and $16,120.40 for attorney's fees and costs, totaling $146,885.02. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, as the case was resolved via stipulation. Petitioner was represented by Amber Wilson, and respondent was represented by Lara Englund. The decision was issued on April 26, 2016.
Source PDFs
USCOURTS-cofc-1_15-vv-00856