Gary Willingham v. HHS - Influenza, Guillain-Barre Syndrome (“GBS”) (2016)
Case summary [AI summaries can sometimes make mistakes]
Gary Willingham filed a petition for compensation under the National Vaccine Injury Compensation Program on October 14, 2015, alleging he suffered Guillain-Barre Syndrome (GBS) after receiving an influenza vaccination on January 7, 2014. Respondent denied that the influenza immunization caused petitioner's GBS or any other injury.
Despite this denial, the parties filed a joint stipulation on May 27, 2016, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding Gary Willingham a lump sum of $210,465.00 for all items of damages and an additional $27,088.57 for attorneys' fees and costs, for a total award of $237,553.57.
The public decision does not describe the petitioner's specific symptoms, medical tests, treatments, or any expert witnesses. Petitioner was represented by Luis P.
Bartolomei of The Bartolomei Firm, and respondent was represented by Justine Elizabeth Walters of the U.S. Department of Justice.
Theory of causation
Petitioner Gary Willingham alleged Guillain-Barre Syndrome (GBS) following an influenza vaccination on January 7, 2014. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $210,465.00 for damages and $27,088.57 for attorneys' fees and costs, totaling $237,553.57. 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-01204