Daniel Jenson v. HHS - Influenza, Guillain-Barré syndrome (2021)
Case summary [AI summaries can sometimes make mistakes]
Daniel Jenson filed a petition for compensation on April 4, 2017, alleging that the influenza vaccine he received on or about September 25, 2015, caused him to suffer Guillain-Barré syndrome (GBS). He claimed that his GBS was a Table injury and that he suffered residual effects for more than six months.
The respondent denied that the vaccine caused or aggravated his condition or that he suffered Table GBS within the Table's timeframe. Despite the respondent's denial, the parties filed a joint stipulation agreeing to compensation.
Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
The stipulation awarded Daniel Jenson a lump sum payment of $75,000.00, representing compensation for all damages available under the program. The decision directed the clerk to enter judgment according to this decision and the stipulation, unless a motion for review was filed.
Petitioner was represented by John R. Howie, Jr. of Howie Law, PC, and respondent was represented by Ryan D.
Pyles of the United States Department of Justice.
Theory of causation
Petitioner Daniel Jenson alleged that the influenza vaccine received on or about September 25, 2015, caused Guillain-Barré syndrome (GBS), a condition listed in the Vaccine Injury Table. Petitioner further alleged residual effects lasting more than six months. Respondent denied that the vaccine caused or aggravated the condition or that it was a Table GBS within the Table's timeframe. The parties reached a joint stipulation for compensation. The Special Master adopted the stipulation, awarding a lump sum of $75,000.00. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed clinical information regarding the onset, symptoms, tests, or treatments.
Source PDFs
USCOURTS-cofc-1_17-vv-00482