Charles Tuttle v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2016)
Case summary [AI summaries can sometimes make mistakes]
On December 3, 2015, Jennifer Hinkley, as Personal Representative of the Estate of Charles Tuttle, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Charles Tuttle suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on October 21, 2013, and that he subsequently died from this vaccine injury.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Charles's alleged GBS, any other injury, or his death. The parties filed a joint stipulation for damages on September 15, 2016.
The Special Master found the stipulation reasonable and adopted it as the decision of the Court. The stipulation stated that petitioner would receive a lump sum of $220,000.00, payable to petitioner as Personal Representative of Charles Tuttle's estate, as compensation for all items of damages available under the Vaccine Act.
The decision was finalized on December 1, 2016. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.
Petitioner's counsel was Christiane Derby Williams of Terry, Garmey & Associates. Respondent's counsel was Julia Wernett McInerny of the U.S.
Department of Justice. The Special Master was Nora Beth Dorsey.
Theory of causation
Petitioner alleged that Charles Tuttle suffered Guillain-Barre Syndrome (GBS) as a result of his influenza vaccination on October 21, 2013, and subsequently died from this vaccine injury. Respondent denied that the flu vaccine caused the alleged GBS or death. The parties filed a joint stipulation for damages, and the Special Master adopted it as the decision. The case resulted in a compensated outcome with a lump sum award of $220,000.00 to the estate. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. The decision date was December 1, 2016. Petitioner's counsel was Christiane Derby Williams, and respondent's counsel was Julia Wernett McInerny. The Special Master was Nora Beth Dorsey.
Source PDFs
USCOURTS-cofc-1_15-vv-01459