David Holmes v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2018)

Filed 2017-07-10Decided 2018-01-23Vaccine Influenza
compensated$200,000

Case summary [AI summaries can sometimes make mistakes]

David Holmes filed a petition for compensation under the National Vaccine Injury Compensation Program on July 10, 2017. He alleged that he suffered Guillain-Barre Syndrome (GBS) caused by his influenza vaccination on October 7, 2014.

Mr. Holmes further alleged that he experienced residual effects of this 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 alleged GBS.

The respondent denied that the vaccine caused petitioner's alleged injury or his current condition. Despite the respondent's denial, the parties filed a joint stipulation for damages on July 10, 2017.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, David Holmes was awarded a lump sum of $200,000.00, payable to the petitioner.

This amount represents compensation for all items of damages available under the Vaccine Act. The decision was entered on January 23, 2018.

Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Alexis B. Babcock of the U.S.

Department of Justice.

Theory of causation

Petitioner David Holmes alleged that his Guillain-Barre Syndrome (GBS) was caused-in-fact by his October 7, 2014 influenza vaccination. The respondent denied that the vaccine caused the alleged injury or current condition. The parties filed a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $200,000.00 to the petitioner. The public decision does not describe the specific medical theory of causation, expert testimony, or the mechanism by which the vaccine allegedly caused GBS. The case was resolved via stipulation, not litigation on the merits of causation. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Alexis B. Babcock. The decision date was January 23, 2018.

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