Gary L. Larson v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) (2019)
Case summary [AI summaries can sometimes make mistakes]
Gary L. Larson filed a petition on October 20, 2017, seeking compensation under the National Vaccine Injury Compensation Program.
He alleged that he developed Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine he received on October 23, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on September 17, 2018, conceding that Mr.
Larson's GBS satisfied the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. Based on this concession, Special Master Katherine E.
Oler issued a Ruling on Entitlement on September 18, 2018, finding Mr. Larson entitled to compensation for GBS and its related sequelae.
Subsequently, the parties reached a proffer agreement for damages. On March 27, 2019, the respondent proffered a lump sum payment of $60,000.00.
Special Master Oler adopted this proffer in a Decision Awarding Damages on July 29, 2019, awarding Mr. Larson a lump sum payment of $60,000.00, payable to him.
The decision noted that Mr. Larson is a competent adult and no guardianship evidence was required.
Petitioner was represented by Joseph Tedford McFadden, Jr. and Glen Howard Sturtevant, Jr. of Rawls Law Group. Respondent was represented by Jennifer Leigh Reynaud of the U.S.
Department of Justice. The public decision was not designated for publication but was posted on the court's website.
Theory of causation
Petitioner Gary L. Larson alleged that he developed Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on October 23, 2014. The respondent conceded that Petitioner satisfied the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation for GBS. Based on this concession, Special Master Katherine E. Oler issued a Ruling on Entitlement on September 18, 2018, finding Petitioner entitled to compensation for GBS and its related sequelae. A subsequent proffer agreement led to a Decision Awarding Damages on July 29, 2019, where Special Master Oler awarded Petitioner a lump sum payment of $60,000.00. Petitioner was represented by Joseph Tedford McFadden, Jr. and Glen Howard Sturtevant, Jr. (Rawls Law Group), and Respondent was represented by Jennifer Leigh Reynaud (U.S. Department of Justice).
Source PDFs
USCOURTS-cofc-1_17-vv-01573