Raymond Howell v. HHS - Influenza, Guillain-Barré syndrome (2018)
Case summary [AI summaries can sometimes make mistakes]
Raymond Howell, through his personal representative Erika Boyer, filed a petition on July 15, 2016, alleging that an influenza vaccine administered on December 16, 2014, caused him to develop Guillain-Barré syndrome (GBS). The petition stated that Mr.
Howell suffered residual effects of the GBS for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr.
Howell's GBS or any other injury or death. Mr.
Howell passed away on July 14, 2017, from coronary artery disease, diabetes mellitus, and hydrocephalus; his death was not attributed to the vaccine injury. The parties reached a joint stipulation, which Special Master Christian J.
Moran found reasonable and adopted as the decision of the Court. The stipulation awarded Mr.
Howell's estate a lump sum payment of $10,000.00, payable to Erika Boyer as the legal representative of the Estate of Raymond Howell. This amount was intended as compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The petition was filed on July 15, 2016, and the stipulation was filed on December 13, 2018. The decision was issued on December 18, 2018.
Petitioner counsel was Howard S. Gold of Gold Law Firm, LLC, and respondent counsel was Althea W.
Davis of the United States Department of Justice.
Theory of causation
Petitioner alleged that the influenza vaccine received on December 16, 2014, caused Guillain-Barré syndrome (GBS) and residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation, which the Special Master adopted. The stipulation awarded $10,000.00 for all damages. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed medical evidence presented. The theory of causation is based on the Vaccine Injury Table. Petitioner was represented by Howard S. Gold, and Respondent by Althea W. Davis. Special Master Christian J. Moran issued the decision on December 18, 2018, adopting the stipulation filed December 13, 2018.
Source PDFs
USCOURTS-cofc-1_16-vv-01203