Elmer Joseph Boschert, Jr. v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2016)
Case summary [AI summaries can sometimes make mistakes]
Sondra Boschert, as the Personal Representative of the Estate of Elmer Joseph Boschert, Jr., filed a petition on February 16, 2016, alleging that the influenza vaccine administered on or about September 11, 2013, caused Elmer Joseph Boschert, Jr. to suffer Guillain-Barré Syndrome (GBS), which ultimately resulted in his death. The respondent denied that the vaccination caused Mr.
Boschert's death or any other injury. Despite the denial, the parties reached a joint stipulation for compensation.
The stipulation awarded a lump sum of $100,000.00 for all damages, payable to Sondra Boschert as legal representative of the estate. Additionally, a lump sum of $19,544.47 was awarded for attorneys' fees and costs, payable jointly to Sondra Boschert and her attorney, Andrew D.
Downing of Van Cott & Talamante, PLLC. The Special Master, Christian J.
Moran, found the stipulation reasonable and adopted it as the decision of the Court, directing the clerk to enter judgment accordingly. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.
No expert witnesses were named in the public decision.
Theory of causation
Petitioner alleged that the influenza vaccine administered on or about September 11, 2013, caused Elmer Joseph Boschert, Jr. to suffer Guillain-Barré Syndrome (GBS), which resulted in his death. The respondent denied causation. The case was settled via joint stipulation, with the Special Master adopting the stipulation as the decision of the Court. The stipulation awarded $100,000.00 for all damages and $19,544.47 for attorneys' fees and costs. The theory of causation is based on the Vaccine Injury Table. The public decision does not name experts or describe the specific mechanism of injury. Special Master Christian J. Moran issued the decision on March 8, 2016. Petitioner's counsel was Andrew D. Downing of Van Cott & Talamante, PLLC, and respondent's counsel was Ryan D. Pyles of the U.S. Dep’t of Justice.
Source PDFs
USCOURTS-cofc-1_15-vv-00883