Robert Hearn v. HHS - Influenza, Guillain-Barre Syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP) (2017)

Filed 2017-01-12Decided 2017-06-14Vaccine Influenza
compensated$205,000

Case summary [AI summaries can sometimes make mistakes]

Robert Hearn filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2017, alleging that he suffered Guillain-Barre Syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP) caused by his September 8, 2013 influenza vaccination. He further alleged that he experienced residual effects of this injury for more than six months.

The respondent denied that the flu immunization caused his alleged GBS, CIDP, or any other injury. Despite the denial, the parties filed a joint stipulation on damages on January 11, 2017, agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Robert Hearn was awarded a lump sum of $205,000.00, representing compensation for all items of damages available under the Vaccine Act.

The decision was based on this joint stipulation. Petitioner counsel was Isaiah Richard Kalinowski of Maglio, Christopher & Toale, PA, and respondent counsel was Ryan Daniel Pyles of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation

Petitioner Robert Hearn alleged that his September 8, 2013 influenza vaccination caused Guillain-Barre Syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP), with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation on damages, agreeing to an award. The Special Master adopted the stipulation. Petitioner was awarded $205,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

Source PDFs 2 total · 1 downloaded