Jennifer N. Jarvis v. HHS - Influenza, Guillain-Barre Syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP) (2019)
Case summary [AI summaries can sometimes make mistakes]
On October 17, 2016, Jennifer N. Jarvis, as the parent and legal representative of her minor daughter J.N.J., filed a petition alleging that J.N.J. suffered Guillain-Barre Syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of an influenza vaccine administered on October 20, 2013.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused J.N.J.'s alleged injuries. Despite the denial, the parties reached a stipulation recommending an award of compensation.
The stipulation detailed a total compensation package including a lump sum of $195,696.98 for first-year life care expenses and pain and suffering, an additional $8,207.24 for past unreimbursable expenses, and an amount sufficient to purchase an annuity contract for future damages. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court, awarding the agreed-upon compensation.
Judgment was to be entered in accordance with the stipulation, provided no motion for review was filed. Petitioner counsel was Elizabeth M.
Muldowney of Sands Anderson PC, and respondent counsel was Linda S. Renzi of the US Department of Justice.
Theory of causation
Petitioner Jennifer N. Jarvis alleged that her minor daughter J.N.J. suffered Guillain-Barre Syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of an influenza vaccine administered on October 20, 2013. The respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation included a lump sum of $195,696.98 for first-year life care expenses and pain and suffering, $8,207.24 for past unreimbursable expenses, and an amount for an annuity contract. The public decision does not describe the specific medical experts, clinical details of J.N.J.'s condition, onset, symptoms, treatments, or the mechanism of causation. The total award amount was $20,390,422. The decision was based on a stipulation, not on a finding of causation after litigation. The decision date was September 24, 2019. Petitioner counsel was Elizabeth M. Muldowney, and respondent counsel was Linda S. Renzi.
Source PDFs
USCOURTS-cofc-1_16-vv-01354