Marcus C. Turner v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) (2017)
Case summary [AI summaries can sometimes make mistakes]
Marcus C. Turner filed a petition on December 21, 2015, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on November 15, 2014.
Mr. Turner stated that the vaccination occurred in the United States, that his injury effects lasted for more than six months, and that no civil suit had been filed or compensation received for his alleged vaccine-caused injury.
The respondent denied that the flu vaccine caused Mr. Turner's GBS or any other injury.
Despite the denial, the parties filed a joint stipulation on October 11, 2016, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.
Marcus C. Turner was awarded a lump sum of $660,253.00, payable to him, as compensation for all items of damages.
Petitioner's counsel was Cary M. Toland of the Law Office of Cary M.
Toland, PC. Respondent's counsel was Julia W.
McInerny of the U.S. Department of Justice.
Theory of causation
Petitioner Marcus C. Turner alleged that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on November 15, 2014. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The public decision does not describe the specific theory of causation, medical experts, clinical details of the GBS onset or progression, diagnostic tests, or treatments. The award was a lump sum of $660,253.00 for all damages. The decision date was January 10, 2017, with the petition filed on December 21, 2015, and the stipulation filed on October 11, 2016. Attorneys involved were Cary M. Toland for the petitioner and Julia W. McInerny for the respondent.
Source PDFs
USCOURTS-cofc-1_15-vv-01561