Joseph J. Pass v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) (2018)
Case summary [AI summaries can sometimes make mistakes]
Joseph J. Pass filed a petition for compensation under the National Vaccine Injury Compensation Program on June 2, 2017, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on October 17, 2014.
Mr. Pass asserted that the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that there had been no prior award or settlement for his condition.
The respondent denied that the flu vaccine caused or significantly aggravated his alleged injury or any other injury, and denied that petitioner's current disabilities were the result of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation on June 2, 2017, agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Mr.
Pass was awarded a lump sum of $200,000.00, payable to him, as compensation for all damages. The decision was issued on May 8, 2018.
Petitioner's counsel was Edward H. Walter of Jubelirer Pass & Intrieri, P.C., and respondent's counsel was Darryl R.
Wishard of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the specific mechanism of causation.
Theory of causation
Joseph J. Pass filed a petition alleging Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on October 17, 2014. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $200,000.00 for all damages. The specific theory of causation, medical experts, or detailed factual basis for the stipulation are not described in the public decision. The decision was issued on May 8, 2018, with the petition filed on June 2, 2017. Petitioner's counsel was Edward H. Walter, and respondent's counsel was Darryl R. Wishard.
Source PDFs
USCOURTS-cofc-1_16-vv-01572