D.J. v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2018)
Case summary [AI summaries can sometimes make mistakes]
On January 14, 2016, D.J. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on November 7, 2013. The case was assigned to the Special Processing Unit.
The public decision does not describe the specific symptoms, onset, medical tests, or treatments D.J. experienced. The parties informed the court of a tentative settlement on March 13, 2017.
On June 7, 2017, respondent's counsel indicated that the respondent would not contest entitlement. On June 13, 2017, respondent filed a Rule 4(c) Report stating that D.J. satisfied the criteria for GBS under the revised Vaccine Injury Table, which presumes causation for petitions filed on or after its effective date of March 21, 2017, even though this petition was filed prior to that date.
Respondent agreed not to contest entitlement because the evidence showed GBS following a seasonal flu vaccine with onset within the Table's specified timeframe. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on June 15, 2017, finding D.J. entitled to compensation.
Subsequently, on June 21, 2017, respondent filed a Proffer on Award of Compensation, recommending an award of $825,000.00, stating that D.J. agreed to this amount. The Proffer indicated this sum represented all elements of compensation available under 42 U.S.C. § 300aa-15(a).
Chief Special Master Dorsey issued a Decision Awarding Damages on June 21, 2017, awarding D.J. a lump sum payment of $825,000.00, payable by check to D.J., for all damages. Petitioner counsel was Nancy Meyers of Ward Black Law, and respondent counsel was Michael Milmoe of the U.S.
Department of Justice. The decision was later reissued on April 5, 2018.
Theory of causation
Petitioner D.J. alleged Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on November 7, 2013. The respondent did not contest entitlement, stating that petitioner satisfied the criteria set forth in the newly revised Vaccine Injury Table and Qualifications and Aids to Interpretation. Respondent noted that although the revised Table applies to petitions filed on or after March 21, 2017, the evidence showed GBS following a seasonal flu vaccine with onset within the Table's specified time period, entitling petitioner to a presumption of causation. The public text does not name specific medical experts or detail the mechanism of causation beyond the Table presumption. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on June 15, 2017, finding D.J. entitled to compensation. On June 21, 2017, respondent filed a Proffer recommending an award of $825,000.00, which petitioner accepted. Chief Special Master Dorsey issued a Decision Awarding Damages on June 21, 2017, awarding a lump sum of $825,000.00 to D.J. for all damages under 42 U.S.C. § 300aa-15(a). Petitioner counsel was Nancy Meyers, and respondent counsel was Michael Milmoe. The decision was reissued on April 5, 2018.
Source PDFs
USCOURTS-cofc-1_16-vv-00082