Douglas T. Lester v. HHS - Influenza, Guillain-Barre syndrome (2019)

Filed 2017-10-23Decided 2019-04-10Vaccine Influenza
compensated$200,000

Case summary [AI summaries can sometimes make mistakes]

Douglas T. Lester filed a petition for compensation under the National Vaccine Injury Compensation Program on March 8, 2017, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination administered on October 7, 2015.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report stating that they did not contest petitioner's entitlement to compensation. The respondent acknowledged that the petitioner satisfied the criteria set forth in the revised Vaccine Injury Table, noting that the evidence showed GBS onset within the Table-specified time period following the flu vaccine.

Based on the respondent's position and the evidence of record, Chief Special Master Nora Beth Dorsey found the petitioner entitled to compensation on October 23, 2017. Subsequently, on February 13, 2019, the parties filed a joint stipulation on damages.

Chief Special Master Dorsey reviewed and adopted the stipulation, awarding Douglas T. Lester a lump sum of $200,000.00, payable to the petitioner.

This amount represents compensation for all items of damages available under the Vaccine Act. Petitioner was represented by Nancy Routh Meyers of Ward Black Law, and respondent was represented by Douglas Ross and later Glenn Alexander MacLeod of the U.S.

Department of Justice.

Theory of causation

Petitioner Douglas T. Lester alleged that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on October 7, 2015. The respondent, Secretary of Health and Human Services, did not contest entitlement, stating that petitioner satisfied the criteria in the revised Vaccine Injury Table, with GBS onset occurring within the Table-specified time period following the flu vaccine. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed clinical facts regarding onset or symptoms. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on October 23, 2017, finding petitioner entitled to compensation. A Joint Stipulation on Damages was filed on February 13, 2019, and adopted by Chief Special Master Dorsey on April 10, 2019, awarding a lump sum of $200,000.00 to the petitioner. Petitioner was represented by Nancy Routh Meyers and respondent by Douglas Ross and Glenn Alexander MacLeod.

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