Amy Dunlap v. HHS - Influenza, Guillain-Barre Syndrome (2017)
Case summary [AI summaries can sometimes make mistakes]
Amy Dunlap filed a petition under the National Vaccine Injury Compensation Program on June 13, 2016, alleging she suffered from Guillain-Barre Syndrome (GBS) following an influenza vaccination on October 7, 2014. The petition stated the vaccination was administered in the United States, that Ms.
Dunlap suffered residual effects for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms.
Dunlap's alleged GBS or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on April 26, 2017.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The stipulation awarded Ms.
Dunlap compensation in the form of a lump sum of $174,795.44, payable to her, representing all items of damages available under the Vaccine Act. The court approved this amount, and judgment was to be entered accordingly.
Petitioner's counsel was Lawrence Cohan of Anapol Weiss, and respondent's counsel was Lisa Watts of the U.S. Department of Justice.
Theory of causation
Petitioner Amy Dunlap alleged Guillain-Barre Syndrome (GBS) following an influenza vaccination on October 7, 2014. Respondent denied causation. The parties filed a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey. The stipulation awarded petitioner a lump sum of $174,795.44 for all items of damages. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_16-vv-00690