Priscilla Brierton v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2018)
Case summary [AI summaries can sometimes make mistakes]
On November 12, 2015, Priscilla Brierton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on November 12, 2013. She further alleged that she experienced residual effects of her GBS for more than six months.
The respondent denied that the influenza immunization caused her GBS or any other injury. Nevertheless, on January 31, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The award included a lump sum of $226,517.69, representing $11,517.69 for first-year life care expenses and $215,000.00 for combined pain and suffering and past unreimbursable expenses, payable to the petitioner.
Additionally, an amount sufficient to purchase an annuity contract for future expenses was awarded, to be paid to the life insurance company from which the annuity would be purchased. The decision was to be entered in accordance with the stipulation.
Petitioner was represented by Scott R. Doody, and respondent was represented by Sarah Christina Duncan.
Theory of causation
Petitioner Priscilla Brierton alleged that she suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on November 12, 2013, and experienced residual effects for more than six months. Respondent denied causation. The parties filed a joint stipulation on January 31, 2018, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. The award included a lump sum of $226,517.69 for first-year life care expenses ($11,517.69) and combined pain and suffering and past unreimbursable expenses ($215,000.00), plus an amount for an annuity contract for future expenses. The public decision does not describe the specific medical experts, clinical details of the GBS onset or progression, diagnostic tests, treatments, or the specific mechanism of causation. Petitioner was represented by Scott R. Doody, and respondent was represented by Sarah Christina Duncan.
Source PDFs
USCOURTS-cofc-1_15-vv-01357