Anthony D. Maddox v. HHS - Influenza, Guillain-Barré syndrome (2018)
Case summary [AI summaries can sometimes make mistakes]
Anthony D. Maddox filed a petition for compensation under the National Vaccine Injury Compensation Program on November 14, 2016, alleging he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on November 25, 2013.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 21, 2018, stating that the respondent did not contest entitlement to compensation. The respondent indicated that Mr.
Maddox satisfied the criteria of the revised Vaccine Injury Table and that the evidence showed GBS following the flu vaccine with onset within the specified time period. The respondent acknowledged that Mr.
Maddox could re-file and be afforded a presumption of causation under the revised Table and therefore would not contest entitlement. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 22, 2018, finding Mr.
Maddox entitled to compensation. Subsequently, on June 1, 2018, the respondent filed a proffer on the award of compensation.
Based on this proffer, which petitioner agreed to, Chief Special Master Dorsey issued a decision awarding damages on September 12, 2018. The award consisted of a lump sum payment of $161,542.87, which included $15,304.14 for life care expenses expected during the first year after judgment and $146,238.73 for pain and suffering.
Additionally, an amount sufficient to purchase an annuity contract for future life care items was awarded. The annuity payments were to be made directly to petitioner only so long as he was alive at the time a particular payment was due.
The proffer specified growth rates for the annuity: four percent compounded annually for non-medical life care items and five percent compounded annually for medical life care items. The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments for Mr.
Maddox's GBS. Petitioner was represented by Randall G.
Knutson of Knutson & Casey Law Firm, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice.
Theory of causation
Petitioner Anthony D. Maddox alleged Guillain-Barré syndrome (GBS) resulting from an influenza vaccine administered on November 25, 2013. The respondent did not contest entitlement, stating that petitioner satisfied the criteria of the revised Vaccine Injury Table and that the evidence showed GBS following the flu vaccine with onset within the specified time period. The respondent acknowledged the potential for a presumption of causation under the revised Table. A ruling on entitlement was issued on March 22, 2018, finding petitioner entitled to compensation. A subsequent decision on September 12, 2018, awarded a lump sum of $161,542.87 for first-year life care expenses and pain and suffering, plus an amount for a life-contingent annuity for future life care items, with specified growth rates. The public decision does not detail the specific mechanism of causation, expert testimony, or clinical findings beyond the diagnosis of GBS and its relation to the vaccine as per the Table. Petitioner was represented by Randall G. Knutson, and respondent by Jennifer Leigh Reynaud. Chief Special Master Nora Beth Dorsey presided over the case.
Source PDFs
USCOURTS-cofc-1_16-vv-01504