Leonard Sean Thompson v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2018)
Case summary [AI summaries can sometimes make mistakes]
Leonard Sean Thompson filed a petition for compensation under the National Vaccine Injury Compensation Program on August 5, 2016. He alleged that he suffered Guillain-Barre Syndrome (GBS) caused by his influenza vaccination on December 12, 2014.
Mr. Thompson further alleged that he experienced residual effects from his injury for more than six months and that there had been no prior award or settlement of a civil action for damages as a result of his condition.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine administered on or about December 12, 2014, was the cause of petitioner's alleged GBS or any other injury or his current condition. Despite the respondent's denial, the parties filed a joint stipulation on November 1, 2017, agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the Court's decision. Pursuant to the stipulation, Mr.
Thompson was awarded a lump sum of $155,000.00, payable to him by check. This amount represents compensation for all items of damages available under 42 U.S.C. § 300aa-15(a).
The decision was entered on March 9, 2018. Petitioner was represented by Jeffrey S.
Pop of Jeffrey S. Pop & Associates, and respondent was represented by Juliana Gray MacPherson of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism by which the vaccine allegedly caused the GBS.
The decision also does not name any medical experts.
Theory of causation
Petitioner Leonard Sean Thompson alleged that his December 12, 2014 influenza vaccination caused Guillain-Barre Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $155,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation. The decision was entered on March 9, 2018, following the stipulation filed on November 1, 2017. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Juliana Gray MacPherson.
Source PDFs
USCOURTS-cofc-1_16-vv-00956