J.M. v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2017)
Case summary [AI summaries can sometimes make mistakes]
Jason and Elysia McDunn, on behalf of their minor son J.M., filed a petition for vaccine compensation on January 19, 2016. They alleged that J.M. received an influenza vaccine on September 26, 2014, and subsequently developed Guillain-Barre Syndrome (GBS) with residual effects lasting over six months.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused J.M.'s GBS. The parties reached a stipulation to resolve the matter informally.
Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable.
The court adopted the stipulation and awarded J.M. a lump sum of $75,000.00 for all damages, to be paid to petitioners as legal representatives of J.M. The stipulation stated that it was a full and complete settlement of liability and damages claimed under the National Childhood Vaccine Injury Act, but it did not constitute an admission by the United States that the flu vaccine caused J.M.'s GBS.
The parties also agreed to further proceedings to award reasonable attorneys' fees and costs. The decision was issued on April 24, 2017.
Source PDFs
USCOURTS-cofc-1_16-vv-00091