Marion R. Crank, Jr. v. HHS - Influenza, Guillain-Barre Syndrome (“GBS”) (2017)
Case summary [AI summaries can sometimes make mistakes]
Marion R. Crank, Jr. filed a petition for compensation under the National Vaccine Injury Compensation Program on May 26, 2016.
He alleged that he suffered Guillain-Barre Syndrome (GBS) caused by his influenza vaccination on October 8, 2014. Mr.
Crank further alleged that he experienced residual effects from his condition for more than six months and that no civil action had been filed for damages on his behalf. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr.
Crank's GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on January 31, 2017.
Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Mr.
Crank $160,000.00 as compensation for all items of damages available under the Vaccine Act. The decision was entered on January 31, 2017.
Petitioner was represented by Jeffrey S. Pop of Jeffrey S.
Pop & Associates, and respondent was represented by Douglas Ross of the U.S. Department of Justice.
Theory of causation
Petitioner Marion R. Crank, Jr. alleged that his October 8, 2014 influenza vaccination caused Guillain-Barre Syndrome (GBS). The respondent denied this allegation. The parties filed a joint stipulation for damages, which was adopted by the court. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments. The award was $160,000.00 as a lump sum. Chief Special Master Nora Beth Dorsey issued the decision on January 31, 2017. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Douglas Ross.
Source PDFs
USCOURTS-cofc-1_16-vv-00628