Gerald Klein v. HHS - Influenza, Guillain-Barre Syndrome (“GBS”) (2016)
Case summary [AI summaries can sometimes make mistakes]
Gerald Klein filed a petition for compensation under the National Vaccine Injury Compensation Program on September 21, 2015. He alleged that he suffered Guillain-Barre Syndrome (GBS) caused by his influenza vaccination on September 23, 2013.
Mr. Klein further alleged that he experienced residual effects from the GBS for more than six months and that he had not received a prior award or settlement for his condition.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Klein's GBS or any other injury.
Despite the respondent's denial, on July 12, 2016, the parties filed a joint stipulation for damages. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the court's decision.
The stipulation awarded Gerald Klein a lump sum of $347,355.10 as compensation for all items of damages available under the Vaccine Act. The decision was issued on October 3, 2016.
The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. William Cochran represented the petitioner, and Claudia Barnes Gangi represented the respondent.
Theory of causation
Petitioner Gerald Klein alleged that his September 23, 2013 influenza vaccination caused Guillain-Barre Syndrome (GBS). The respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $347,355.10. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was handled by attorneys William Cochran for the petitioner and Claudia Barnes Gangi for the respondent. The decision date was October 3, 2016.
Source PDFs
USCOURTS-cofc-1_15-vv-01054