Estate Of Robert William van Keuren v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2018)
Case summary [AI summaries can sometimes make mistakes]
The Estate of Robert William Van Keuren, by and through its co-Personal Representatives Robert Hammie Van Keuren and Sally Van Keuren, filed a petition on May 15, 2017. The petition alleged that an influenza vaccine administered to Mr.
Van Keuren on February 29, 2016, caused him to develop Guillain-Barré syndrome (GBS) and ultimately resulted in his death. The influenza vaccine is listed on the Vaccine Injury Table.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated Mr. Van Keuren's GBS or death.
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 the estate a lump sum payment of $160,000.00, payable by check to the petitioner, as compensation for all damages.
The decision noted that the parties could expedite the entry of judgment by filing a notice renouncing the right to seek review. Judgment was to be entered according to the decision and stipulation unless a motion for review was filed.
Petitioner's counsel was Diana Stadelnikas of Maglio Christopher & Toale, PA, and respondent's counsel was Alexis B. Babcock of the United States Department of Justice.
Theory of causation
The petitioner alleged that the influenza vaccine received on February 29, 2016, caused Guillain-Barré syndrome (GBS) and subsequent death. The influenza vaccine is listed on the Vaccine Injury Table. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in an award of $160,000.00. The public decision does not describe the specific mechanism of causation, onset of symptoms, diagnostic tests, treatments, or expert witnesses. The theory of causation is based on the Vaccine Injury Table. Petitioner's counsel was Diana Stadelnikas, and respondent's counsel was Alexis B. Babcock. The decision was issued on October 25, 2018.
Source PDFs
USCOURTS-cofc-1_17-vv-00636