David Mikkelson v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2016)
Case summary [AI summaries can sometimes make mistakes]
David Mikkelson filed a petition on August 12, 2015, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he developed Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on October 3, 2013, and that he experienced continued weakness and pain related to GBS through February 2015.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Mikkelson's alleged GBS or any other injury.
Despite maintaining their positions, both parties agreed to settle the case. They entered into a stipulation on July 20, 2016, proposing a lump sum payment of $215,000.00 to Mr.
Mikkelson as compensation for all elements of damages. Special Master Brian H.
Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Judgment was to be entered accordingly.
Theory of causation
Petitioner David Mikkelson alleged that his October 3, 2013, influenza vaccine caused Guillain-Barré syndrome (GBS), with continued weakness and pain through February 2015. Respondent denied causation. The parties stipulated to a settlement, agreeing to an award of $215,000.00 for all elements of damages. Special Master Brian H. Corcoran adopted the stipulation as his decision. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_15-vv-00867