Kathleen Fox v. HHS - Influenza, Guillain-Barré Syndrome (2019)
Case summary [AI summaries can sometimes make mistakes]
Kathleen Fox filed a petition for compensation under the National Vaccine Injury Compensation Program on November 6, 2017. She alleged that the influenza vaccine she received on March 16, 2016, caused her to develop Guillain-Barré Syndrome (GBS) and experience residual effects for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or aggravated Petitioner's GBS. However, the parties reached a joint stipulation for award, which was filed on September 6, 2019.
Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a total of $142,550.83.
This amount included a lump sum of $130,000.00 for pain and suffering and past expenses, and $12,550.83 to satisfy a Medicaid lien for services rendered to Petitioner. The award covered all damages available under the program.
The decision was posted on the website of the United States Court of Federal Claims. Petitioner was represented by Robert P.
Goodwin of Walsh Roberts & Grace, and Respondent was represented by Darryl R. Wishard of the United States Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner Kathleen Fox alleged that the influenza vaccine administered on March 16, 2016, caused her to develop Guillain-Barré Syndrome (GBS) and experience residual effects for more than six months. The respondent denied causation. The parties entered into a stipulation for award, and the Special Master adopted the stipulation as the decision of the Court. Petitioner was awarded $142,550.83, comprising $130,000.00 for pain and suffering and past expenses, and $12,550.83 to satisfy a Medicaid lien. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The outcome was a compensated award based on stipulation. The decision was issued by Special Master Herbrina Sanders on September 6, 2019. Petitioner's counsel was Robert P. Goodwin, and Respondent's counsel was Darryl R. Wishard.
Source PDFs
USCOURTS-cofc-1_17-vv-01738