David Engelman v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2016)
Case summary [AI summaries can sometimes make mistakes]
David Engelman filed a petition for compensation on August 18, 2015, alleging that the influenza vaccine he received on or about September 24, 2013, caused him to develop Guillain-Barre Syndrome (GBS) with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table.
Respondent denied that the flu vaccine caused Mr. Engelman's GBS or any other injury.
Nevertheless, the parties reached a stipulation for compensation. Special Master Christian J.
Moran adopted the stipulation, awarding Mr. Engelman a lump sum payment of $75,000.00.
This award represents compensation for all damages available under the National Vaccine Injury Compensation Program. The decision was issued on July 5, 2016.
The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Diana S.
Sedar of Maglio Christopher and Toale, PA, and respondent counsel was Douglas Ross of the U.S. Dep’t of Justice.
Theory of causation
Petitioner David Engelman received an influenza vaccine on or about September 24, 2013. He alleged this vaccine caused Guillain-Barre Syndrome (GBS) with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation for compensation, which Special Master Christian J. Moran adopted. The award was a lump sum of $75,000.00, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). The decision date was July 5, 2016. The public text does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award beyond the lump sum. Petitioner counsel was Diana S. Sedar, and respondent counsel was Douglas Ross.
Source PDFs
USCOURTS-cofc-1_15-vv-00893