K.J. v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2018)
Case summary [AI summaries can sometimes make mistakes]
On May 12, 2016, Lincoln and Daswattie John, as parents and natural guardians of their minor son K.J., filed a petition for vaccine injury compensation. They alleged that K.J. suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on May 12, 2014, along with varicella and measles-mumps-rubella (MMR) vaccines.
Additional vaccines, including hepatitis A, diphtheria-tetanus-acellular pertussis (Dtap), haemophilus influenza type B (HIB), and pneumococcal conjugate (Prevnar), were administered on June 12, 2014. The respondent, the Secretary of Health and Human Services, did not contest entitlement to compensation.
In a report filed on September 22, 2017, the respondent stated that the petitioners satisfied the criteria of the newly revised Vaccine Injury Table and that K.J. suffered GBS following a seasonal flu vaccine with onset within the Table's specified time period. The respondent agreed not to contest entitlement, acknowledging that petitioners might re-file and be afforded a presumption of causation under the revised Table.
Based on the respondent's position and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 22, 2017, finding petitioners entitled to compensation. Subsequently, on February 5, 2018, the respondent filed a proffer agreeing to an award of $152,418.89.
This amount included a lump sum payment of $115,000.00 for pain and suffering, payable to petitioners as guardians/conservators of K.J.'s estate upon documentation of their appointment. The award also included a lump sum payment of $37,418.89 to satisfy a State of New York Medicaid lien, payable jointly to petitioners and HMS, Inc., with petitioners agreeing to endorse this payment to the State of New York.
Chief Special Master Dorsey awarded compensation based on this proffer, with the clerk of the court directed to enter judgment accordingly. Petitioners were represented by Isaiah Richard Kalinowski of Maglio Christopher & Toale, PA, and the respondent was represented by Lisa Ann Watts of the U.S.
Department of Justice.
Theory of causation
Petitioners Lincoln and Daswattie John alleged that their minor son, K.J., suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on May 12, 2014, and/or other vaccines administered on May 12, 2014, and June 12, 2014. The respondent did not contest entitlement, stating that petitioners satisfied the criteria of the revised Vaccine Injury Table and that K.J. suffered GBS following a seasonal flu vaccine with onset within the Table's specified time period. The respondent acknowledged that petitioners might re-file and be afforded a presumption of causation under the revised Table. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 22, 2017. Subsequently, a proffer on award of compensation was filed on February 5, 2018, agreeing to an award of $152,418.89, consisting of $115,000.00 for pain and suffering and $37,418.89 to satisfy a State of New York Medicaid lien. The award was based on the respondent's agreement not to contest entitlement under the Vaccine Injury Table. No specific medical experts or detailed causation mechanism were described in the public text. The award was made by Chief Special Master Nora Beth Dorsey, with petitioners represented by Isaiah Richard Kalinowski and respondent represented by Lisa Ann Watts.
Source PDFs
USCOURTS-cofc-1_16-vv-00574