Linda Bailey v. HHS - Influenza, Guillain Barre Syndrome (2017)
Case summary [AI summaries can sometimes make mistakes]
Linda Bailey filed a petition for compensation under the National Vaccine Injury Compensation Program on May 17, 2016. She alleged that she suffered from Guillain-Barre Syndrome (GBS) following an influenza vaccination received on November 12, 2014.
Ms. Bailey stated that the vaccine was administered in the United States, that she suffered residual effects of the injury for more than six months, and that she had not received a prior award or settlement for her condition.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Bailey's alleged GBS or any other injury, and further denied that her current disabilities were a sequela of a vaccine-related injury.
Despite the respondent's denial, the parties filed a joint stipulation for damages on May 19, 2017. The Chief Special Master, Nora Beth Dorsey, reviewed the stipulation and found it reasonable, adopting it as the decision of the court.
The court awarded Linda Bailey $165,000.00 as compensation for all items of damages available under the Vaccine Act, to be paid as a lump sum in the form of a check. The decision was issued on December 15, 2017.
Petitioner was represented by Amber Wilson of Maglio Christopher and Toale, PA, and respondent was represented by Glenn MacLeod of the U.S. Department of Justice.
Theory of causation
Petitioner Linda Bailey alleged that she suffered from Guillain-Barre Syndrome (GBS) following an influenza vaccination received on November 12, 2014. The respondent denied that the flu vaccine caused the alleged GBS or any other injury. The parties filed a joint stipulation for damages, and the Special Master adopted the stipulation, awarding $165,000.00. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed medical evidence presented. The theory of causation is based on the stipulation of the parties, not a finding of fact after litigation. The award was for all items of damages available under 42 U.S.C. § 300aa-15(a). The decision was issued by Chief Special Master Nora Beth Dorsey on December 15, 2017. Petitioner's counsel was Amber Wilson, and respondent's counsel was Glenn MacLeod.
Source PDFs
USCOURTS-cofc-1_16-vv-00585