Hugh Gose v. HHS - Influenza, Guillain-Barre Syndrome (2018)
Case summary [AI summaries can sometimes make mistakes]
Hugh Gose filed a petition on November 15, 2017, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on September 18, 2015.
The respondent, the Secretary of Health and Human Services, reviewed the petition and accompanying medical records. In its Rule 4(c) Report, the respondent acknowledged that Mr.
Gose's claim qualified as a Table injury under the Act. The respondent specifically stated that medical personnel had reviewed the petition and relevant medical records and concluded that Mr.
Gose satisfied the criteria set forth in the Table. The respondent conceded that the evidence demonstrated Mr.
Gose suffered from GBS caused by the flu vaccine, with onset occurring within the appropriate timeframe. Based on the respondent's concession and a review of the record, Special Master Brian H.
Corcoran found that Mr. Gose is entitled to compensation for a vaccine-related injury.
A separate order for damages was to be issued subsequently. Petitioner was represented by Anne Carrion Toale of Maglio Christopher and Toale, and the respondent was represented by Althea Walker Davis of the U.S.
Department of Justice.
Theory of causation
Petitioner Hugh Gose alleged that he suffered from Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on September 18, 2015. The respondent conceded that the claim qualified as a Table injury and that the evidence showed GBS was caused by the flu vaccine with onset within the appropriate timeframe. Special Master Brian H. Corcoran found entitlement based on the respondent's concession. A separate damages order was to be issued. Petitioner was represented by Anne Carrion Toale, and Respondent was represented by Althea Walker Davis.
Source PDFs
USCOURTS-cofc-1_17-vv-00461