Charles Gensmer v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)
Case summary [AI summaries can sometimes make mistakes]
Charles Gensmer filed a petition for compensation under the National Vaccine Injury Compensation Program on July 22, 2020, alleging that he suffered from Guillain-Barre Syndrome (GBS) as a result of his flu vaccination administered on September 29, 2014. The respondent denied that petitioner sustained a Table GBS injury or any injury as a result of the vaccine.
Despite the respondent's denial, the parties filed a joint stipulation on damages. Special Master Daniel T.
Horner reviewed the stipulation and found it reasonable. The court awarded Charles Gensmer $30,500.00 as compensation for all items of damages, to be paid in a lump sum via check.
Petitioner's counsel was Kate G. Westad of Sieben Carey, and respondent's counsel was Alexis B.
Babcock of the U.S. Department of Justice.
The decision was issued on August 17, 2020.
Theory of causation
Petitioner Charles Gensmer alleged that his September 29, 2014, influenza vaccination caused Guillain-Barre Syndrome (GBS). Respondent denied that petitioner sustained a Table GBS injury or any injury as a result of the vaccine. The public decision does not describe the specific theory of causation, medical experts, clinical details of the GBS onset or progression, or any specific diagnostic tests or treatments. The parties filed a joint stipulation on damages, which Special Master Daniel T. Horner found reasonable. An award of $30,500.00 was made as a lump sum. The decision date was August 17, 2020. Petitioner's counsel was Kate G. Westad, and respondent's counsel was Alexis B. Babcock.
Source PDFs
USCOURTS-cofc-1_17-vv-01369