Shawn’Quavious A’drez Hinton v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2022)

On September 14, 2016, Tramella Hinton, as the mother and natural guardian of Shawn’Quavious A’drez Hinton, filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that Shawn, who was 17 years old at the time, suffered Guillain-Barré Syndrome (GBS) caused by an influenza vaccine administered on December 21, 2015.

Shawn had been diagnosed with Down Syndrome at birth and resided with his mother and sisters. Prior to the alleged vaccination, he was described as a healthy and active young man.

His medical history included appointments with Dr. Gilbert Alligood for behavioral and sleeping problems, for which he was prescribed medication.

Shawn's appointment on December 21, 2015, was scheduled for a follow-up visit and medication refill. However, clinic records indicated Shawn was a "no show" for this appointment, and his mother later called to obtain the prescription refill.

Insurance records also did not reflect any charges for this date. Despite these discrepancies, Petitioner testified that Shawn did receive the flu vaccine from a nurse named Lisa during the appointment.

She later sought to amend the clinic's records, which was denied. Following the alleged vaccination, Shawn experienced leg weakness and pain, which progressed, leading to an inability to stand or walk.

He was diagnosed with GBS. Hospitalization records from February 2016 noted that he had not recently received a flu vaccination.

However, later rehabilitation records from April 2016 stated that he received a flu shot on December 21, 2015. On May 29, 2018, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement, finding Petitioner entitled to compensation, as the respondent chose not to defend the case.

Subsequently, the parties were unable to resolve damages. On November 29, 2022, Special Master Dorsey issued a Decision Awarding Damages.

The Special Master awarded $160,000.00 for past pain and suffering and $16,493.68 for future pain and suffering, calculated as $500.00 per year for Shawn's life expectancy, reduced to net present value. Additionally, $1,296.02 was awarded to satisfy a Medicaid lien.

The total award amounted to $177,790.00. The respondent sought review of the Special Master's decision regarding proof of vaccination.

On June 5, 2023, Judge Kathryn C. Davis issued an Opinion and Order denying the respondent's motion for review.

The court found that the Special Master's determination that Petitioner had established adequate proof of vaccination by a preponderance of the evidence was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. The court noted that while contemporaneous documentary proof is ideal, it is not strictly necessary, and lay witness testimony, supported by corroborating evidence, can suffice.

The court deferred to the Special Master's credibility findings regarding Petitioner's testimony and her assessment of the weight of the circumstantial evidence, including phone records and later medical record entries, which supported the claim despite conflicting contemporaneous records. Petitioner's counsel was Bruce W.

Slane. Respondent's counsel included Colleen Clemons Hartley and Zoe Wade.

Special Master Nora Beth Dorsey presided over the entitlement and damages decisions, and Judge Kathryn C. Davis reviewed the entitlement decision.