Samuel Schrecengost v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2018)

Filed 2017-05-30Decided 2018-09-05Vaccine Influenza
compensated$166,000

Case summary [AI summaries can sometimes make mistakes]

On May 30, 2017, Samuel Schrecengost filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) caused by the influenza vaccine he received on November 3, 2014. Mr.

Schrecengost further alleged that he experienced residual effects of his injury for more than six months and had not filed a civil action or received compensation for his alleged vaccine-caused injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or significantly aggravated Mr.

Schrecengost's alleged injury or any other injury, and denied that his current disabilities were the result of a vaccine-related injury. Despite maintaining these positions, the parties filed a joint stipulation on May 2, 2018, agreeing to settle the case.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, a lump sum of $166,000.00 was awarded as compensation, payable to petitioner.

This amount represents compensation for all items of damages available under 42 U.S.C. § 300aa-15(a). The decision was issued on September 5, 2018.

Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Darryl R. Wishard of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses involved in this case.

Theory of causation

Petitioner Samuel Schrecengost alleged that the influenza vaccine received on November 3, 2014, caused Guillain-Barré Syndrome (GBS). Respondent denied causation. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Nora Beth Dorsey awarded $166,000.00 as compensation for all damages under § 15(a). The stipulation does not specify a theory of causation, nor does it name any experts or detail the medical evidence considered. The case was filed on May 30, 2017, and the decision on the stipulation was issued on September 5, 2018. Petitioner's counsel was John Robert Howie, and respondent's counsel was Darryl R. Wishard. The award was a lump sum of $166,000.00.

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