Robert J. Schaefer v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2019)
Case summary [AI summaries can sometimes make mistakes]
Robert J. Schaefer filed a petition for compensation under the National Vaccine Injury Compensation Program on September 28, 2017, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on November 24, 2015.
He further alleged that his vaccine-related injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused his GBS or any other injury.
However, on January 28, 2019, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.
Pursuant to the stipulation, Robert J. Schaefer was awarded a lump sum of $175,000.00, payable to him, as compensation for all items of damages.
The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of causation. Petitioner counsel was Matthew Joseph Devoti of Casey & Devoti, P.C., and respondent counsel was Gabrielle Manganiello Fielding of the U.S.
Department of Justice.
Theory of causation
Petitioner Robert J. Schaefer alleged that an influenza vaccine administered on November 24, 2015, caused Guillain-Barré syndrome (GBS) and that the injury lasted more than six months. Respondent denied causation. The parties filed a joint stipulation on January 28, 2019, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. Petitioner was awarded a lump sum of $175,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The case was resolved via stipulation.
Source PDFs
USCOURTS-cofc-1_17-vv-01365