Leon Klempner v. HHS - Influenza, Guillain-Barré syndrome and peripheral neuropathy (2018)
Case summary [AI summaries can sometimes make mistakes]
Leon Klempner filed a petition on September 26, 2016, alleging that the influenza vaccine he received on June 27, 2013, caused him to suffer Guillain-Barré syndrome and peripheral neuropathy. He further alleged that he suffered residual effects for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated his injuries. The parties filed a joint stipulation agreeing to compensation.
Special Master Christian J. Moran found the stipulation reasonable and adopted it as the decision of the Court.
Leon Klempner was awarded a lump sum payment of $50,000.00, payable by check, representing compensation for all damages. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses.
The attorneys involved were Robert J. Krakow for the petitioner and Ilene C.
Albala for the respondent.
Theory of causation
Petitioner Leon Klempner alleged that an influenza vaccine received on June 27, 2013, caused Guillain-Barré syndrome (GBS) and peripheral neuropathy, with residual effects lasting more than six months. The influenza vaccine is listed in the Vaccine Injury Table. Respondent denied causation. The parties reached a joint stipulation for compensation, which Special Master Christian J. Moran adopted. The award was a $50,000.00 lump sum. The public decision does not detail the specific mechanism of injury, expert testimony, or diagnostic findings. Attorneys for the parties were Robert J. Krakow and Ilene C. Albala.
Source PDFs
USCOURTS-cofc-1_16-vv-01197