Dale Pate v. HHS - Influenza, Guillain-Barré syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) (2021)
Case summary [AI summaries can sometimes make mistakes]
Dale Pate filed a petition for compensation under the National Vaccine Injury Program on November 3, 2015, alleging that he suffered from Guillain-Barré syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of receiving the influenza vaccine on December 10, 2012. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused petitioner's alleged injuries or any other injury or his current condition.
However, the parties reached a stipulation to settle the issues. On November 9, 2021, respondent filed a stipulation for an award of compensation.
The stipulation provided for a lump sum of $65,000.00, payable to the petitioner, to compensate for all damages. Special Master Thomas L.
Gowen entered judgment in accordance with the stipulation, awarding Dale Pate $65,000. The public decision does not describe the petitioner's specific clinical story, onset, symptoms, diagnostic tests, treatments, or the mechanism of injury.
Petitioner was represented by Renee J. Gentry of the Vaccine Injury Clinic, George Washington University Law School, and respondent was represented by Althea W.
Davis of the U.S. Department of Justice.
Theory of causation
Petitioner Dale Pate alleged that the influenza vaccine administered on December 10, 2012, caused Guillain-Barré syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). The respondent denied causation. The parties reached a stipulation for settlement, and Special Master Thomas L. Gowen issued a decision on November 10, 2021, awarding petitioner $65,000.00 as a lump sum. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, nor does it specify if the case was adjudicated under a specific Table category.
Source PDFs
USCOURTS-cofc-1_15-vv-01309