Thomas Simkiss v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2018)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Thomas Simkiss filed a claim alleging that he suffered from Guillain-Barré Syndrome (GBS) caused by an influenza vaccine he received on October 4, 2013. He further alleged that he experienced residual effects from the GBS for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury or disability. The parties reached a stipulation to resolve the case.
Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable.
The court adopted the stipulation and awarded Thomas Simkiss $90,000.00 as compensation for all damages. The award was to be paid as a check made payable to the petitioner.
Clifford J. Shoemaker represented the petitioner, and Jennifer L.
Reynaud represented the respondent. The decision was dated February 8, 2018.
Theory of causation
Petitioner Thomas Simkiss alleged that his Guillain-Barré Syndrome (GBS) was caused by an influenza vaccine received on October 4, 2013, and that he experienced residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case. The public decision does not describe the specific theory of causation, medical experts, clinical details of the GBS onset or progression, diagnostic tests, or treatments. Special Master Laura D. Millman adopted the stipulation, awarding $90,000.00 in a lump sum check to the petitioner for all damages. The decision was issued on February 8, 2018. Petitioner's counsel was Clifford J. Shoemaker, and respondent's counsel was Jennifer L. Reynaud.
Source PDFs
USCOURTS-cofc-1_15-vv-01127