Donna Moore v. HHS - Influenza, Guillain-Barré syndrome (2020)
Case summary [AI summaries can sometimes make mistakes]
Donna Moore filed a petition for compensation under the National Vaccine Injury Compensation Program on April 12, 2017, alleging that the influenza vaccine she received on October 3, 2014, caused her to develop Guillain-Barré syndrome (GBS) and that she experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's alleged GBS or any other injury, noting that medical records indicated a viral infection in close temporal proximity to the onset of her alleged GBS was a more likely cause.
Despite these differing positions, the parties reached a stipulation for settlement. The stipulation stated that Petitioner would receive a lump sum of $60,000.00 as compensation for all damages available under the program.
Special Master Herbrina Sanders reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The decision was entered on April 21, 2020.
Petitioner was represented by Jessica W. Hayes of the Murray Law Firm, and Respondent was represented by Lara A.
Englund of the United States Department of Justice. The decision was posted on the court's website in accordance with the E-Government Act of 2002.
Theory of causation
Petitioner Donna Moore received an influenza vaccine on October 3, 2014, and alleged it caused Guillain-Barré Syndrome (GBS) and residual effects for more than six months. Respondent denied causation, suggesting a viral infection was a more likely cause. The parties stipulated to a settlement, and Special Master Herbrina Sanders adopted the stipulation. Petitioner was awarded $60,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The stipulation was entered on April 21, 2020. Petitioner was represented by Jessica W. Hayes (Murray Law Firm), and Respondent was represented by Lara A. Englund (U.S. Department of Justice). The case falls under the Vaccine Injury Table for GBS following an influenza vaccine.
Source PDFs
USCOURTS-cofc-1_17-vv-00518