P.M. v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2017)
Case summary [AI summaries can sometimes make mistakes]
P.M. filed a petition for compensation under the National Vaccine Injury Compensation Program on October 28, 2015, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on September 19, 2013. Petitioner asserted that the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that no prior civil action had been settled or awarded.
The respondent denied that the flu vaccine caused P.M.'s alleged GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on December 21, 2016.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. P.M. was awarded a total of $476,447.79, comprising $280,000.00 for past and future lost wages, $6,447.79 for out-of-pocket expenses, and $190,000.00 for pain and suffering.
This amount represents compensation for all damages available under the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.
Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Robert P.
Coleman, III.
Theory of causation
Petitioner P.M. alleged Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on September 19, 2013. Respondent denied causation. The parties filed a joint stipulation for damages, resulting in an award of $476,447.79, which included $280,000.00 for past and future lost wages, $6,447.79 for out-of-pocket expenses, and $190,000.00 for pain and suffering. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The decision was made by Chief Special Master Nora Beth Dorsey on April 26, 2017, based on the joint stipulation. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Robert P. Coleman, III.
Source PDFs
USCOURTS-cofc-1_15-vv-01280