James Cox v. HHS - Influenza, Guillain-Barré Syndrome (2019)
Case summary [AI summaries can sometimes make mistakes]
James Cox filed a petition on March 24, 2017, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered from Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine he received on September 24, 2014, and that he experienced residual effects from the condition for more than six months.
The respondent denied that the flu vaccine caused Petitioner's GBS or any other injury. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on December 21, 2018.
The stipulation proposed an award of $255,000.00 to Petitioner for all damages. Special Master Brian H.
Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court. The award was to be paid as a lump sum check to Petitioner.
Judgment was to be entered accordingly. Amy A.
Senerth represented the Petitioner, and Mallori B. Openchowski represented the Respondent.
The public decision was issued on February 1, 2019.
Theory of causation
Petitioner James Cox alleged that he suffered from Guillain-Barré Syndrome (GBS) as a result of his September 24, 2014, influenza ("flu") vaccine and experienced residual effects for more than six months. Respondent denied causation. The parties reached a settlement via stipulation filed December 21, 2018, agreeing to an award of $255,000.00 for all damages. Special Master Brian H. Corcoran adopted the stipulation as his decision on February 1, 2019. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Petitioner was represented by Amy A. Senerth, and Respondent was represented by Mallori B. Openchowski.
Source PDFs
USCOURTS-cofc-1_17-vv-00420