Armand Thomas v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2017)

Filed 2016-12-09Decided 2017-11-14Vaccine Influenza
compensated$175,000

Case summary [AI summaries can sometimes make mistakes]

Armand Thomas filed a petition on December 9, 2016, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine he received on December 12, 2013, and that he experienced residual effects of this condition for more than six months.

The respondent denied that the flu vaccine caused Petitioner's GBS or any other injury. However, both parties agreed to settle the case through a stipulation filed on October 19, 2017.

The stipulation stated that the parties, while maintaining their respective positions on causation, agreed that the issues could be settled and that a decision should be entered awarding compensation. Special Master Brian H.

Corcoran reviewed the file and concluded that the stipulation was reasonable, adopting it as his decision. The stipulation awarded Armand Thomas a lump sum of $175,000.00, payable by check to the Petitioner.

This amount represents compensation for all damages available under Section 15(a) of the National Childhood Vaccine Injury Act of 1986. The decision noted that it was designated "not to be published" but would be posted on the Court of Federal Claims' website, with parties having the option to request redaction of confidential information.

Petitioner was represented by Michael G. McLaren of Black McLaren, et al., P.C., and Respondent was represented by Anne D.

Martin of the U.S. Department of Justice.

The decision was issued on November 14, 2017.

Theory of causation

Petitioner Armand Thomas alleged that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on December 12, 2013, and experienced residual effects for more than six months. The respondent denied causation. The parties stipulated to settle the case, agreeing that a decision should be entered awarding compensation. The stipulation, adopted by Special Master Brian H. Corcoran on November 14, 2017, awarded Petitioner a lump sum of $175,000.00. This award represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). The theory of causation was based on the "Table" as the influenza vaccine is listed in the Vaccine Injury Table for GBS. Petitioner was represented by Michael G. McLaren, and Respondent by Anne D. Martin.

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