Richard Warner v. HHS - Influenza, Guillain-Barré Syndrome (2017)
Case summary [AI summaries can sometimes make mistakes]
Richard Warner filed a petition for compensation under the National Vaccine Injury Compensation Program on February 12, 2016, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on October 1, 2014. Mr.
Warner stated that the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that there had been no prior award or settlement for his condition. The respondent denied that the flu vaccine caused Mr.
Warner's GBS or any other injury. Despite the denial, the parties filed a joint stipulation on October 20, 2016, agreeing that compensation should be awarded.
The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the Court's decision. Mr.
Warner was awarded a lump sum of $200,000.00, payable to him, as compensation for all items of damages available under the Vaccine Act. Petitioner's counsel was Jeffrey S.
Pop, and respondent's counsel was Douglas Ross. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation.
Theory of causation
Richard Warner filed a petition alleging Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on October 1, 2014. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Mr. Warner was awarded $200,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the GBS. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Douglas Ross. The decision date was February 13, 2017.
Source PDFs
USCOURTS-cofc-1_16-vv-00216