Timothy Werner Boothe v. HHS - Influenza, Guillain-Barré Syndrome (2018)
Case summary [AI summaries can sometimes make mistakes]
Timothy Werner Boothe filed a petition for compensation under the National Vaccine Injury Compensation Program on October 19, 2017, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccination on October 3, 2016. The respondent filed a report on September 14, 2018, conceding that the petitioner's claim was appropriate for compensation.
The respondent concluded that Mr. Boothe suffered GBS following the flu vaccine within the Table time period and that there was no evidence of an unrelated cause.
The respondent also confirmed that the claim met the severity requirements, as the petitioner experienced sequelae of his GBS for more than six months. Based on the respondent's concession and a review of the record, Special Master Thomas L.
Gowen found that Timothy Werner Boothe is entitled to compensation. The decision stated that a hearing was not required and that the matter would proceed to the damages phase.
The public decision does not describe the petitioner's counsel, respondent's counsel, specific symptoms, medical tests, treatments, or expert witnesses. The decision was originally filed on September 17, 2018, and signed by Special Master Thomas L.
Gowen.
Theory of causation
Petitioner Timothy Werner Boothe received an influenza vaccine on October 3, 2016, and subsequently developed Guillain-Barré Syndrome (GBS). The respondent conceded entitlement, finding that the GBS occurred within the Table time period following the vaccination and that there was no evidence of an unrelated cause. The condition met the severity requirements for compensation. The theory of causation is based on the Vaccine Injury Table. The public decision does not name experts or describe the specific mechanism of injury. The matter proceeded to the damages phase. Special Master Thomas L. Gowen issued the ruling on entitlement on October 12, 2018. Petitioner was represented by Robert Oushalem, and respondent was represented by Linda S. Renzi.
Source PDFs
USCOURTS-cofc-1_17-vv-01560