Anthony Irwin v. HHS - Influenza, Guillain-Barre Syndrome (“GBS”) (2017)

Filed 2017-03-28Decided 2017-11-30Vaccine Influenza
compensated$111,331

Case summary [AI summaries can sometimes make mistakes]

Anthony Irwin filed a petition for compensation under the National Vaccine Injury Compensation Program on March 28, 2017. He alleged that he suffered Guillain-Barre Syndrome (GBS) caused by his October 7, 2013 influenza vaccination.

Mr. Irwin further alleged that he experienced residual effects of his condition for more than six months and that there had been no prior award or settlement of a civil action for damages.

The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused petitioner's alleged GBS or any other injuries. Despite the denial, the parties filed a joint stipulation on March 28, 2017, agreeing that a decision should be entered awarding compensation.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Anthony Irwin was awarded a lump sum of $111,331.83, representing compensation for all items of damages available under the Vaccine Act.

The decision was based on this joint stipulation. Petitioner was represented by John Robert Howie, Jr. of Howie Law, PC, and respondent was represented by Daniel Anthony Principato of the U.S.

Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses.

Theory of causation

Petitioner Anthony Irwin alleged that his October 7, 2013 influenza vaccination caused Guillain-Barre Syndrome (GBS). The respondent denied this allegation. The parties filed a joint stipulation agreeing to an award of compensation. The public decision does not detail the specific theory of causation, mechanism, or expert testimony. Anthony Irwin was awarded $111,331.83 as a lump sum. Chief Special Master Nora Beth Dorsey issued the decision on November 30, 2017, based on the joint stipulation. Petitioner's counsel was John Robert Howie, Jr., and respondent's counsel was Daniel Anthony Principato.

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