Eston Hood v. HHS - Influenza, Guillain-Barre Syndrome (2020)
Case summary [AI summaries can sometimes make mistakes]
Eston Hood filed a petition for compensation under the National Vaccine Injury Compensation Program on November 13, 2017, alleging that he received an influenza vaccine on October 31, 2014, and subsequently developed Guillain-Barre Syndrome (GBS). The respondent, the Secretary of Health and Human Services, filed a report on October 1, 2018, conceding that Mr.
Hood's GBS was caused by the flu vaccination and that he was entitled to compensation. The respondent stated that there was no preponderant evidence that Mr.
Hood's GBS was due to a factor unrelated to the vaccination and that he had met the statutory requirements for compensation. Special Master Mindy Michaels Roth issued a ruling on entitlement on October 2, 2018, finding Mr.
Hood entitled to compensation. The case then proceeded to the damages phase.
On March 23, 2020, the parties filed a stipulation and proffer regarding the award of compensation. Special Master Roth issued a decision awarding damages on April 17, 2020.
The parties agreed to a proffer that awarded Mr. Hood a lump sum of $366,282.48.
This lump sum included compensation for life care expenses for the first year ($24,425.49), lost earnings ($191,856.99), and pain and suffering ($150,000.00). Additionally, an amount sufficient to purchase an annuity for future life care expenses was awarded.
The annuity payments were to be made to Mr. Hood directly, contingent on his survival at the time of payment.
The annuity was to grow at a four percent annual rate for non-medical items and a five percent annual rate for medical items. Mr.
Hood was described as a competent adult. The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments.
The life care planners involved were Laura E. Fox, MSN, BSN, RN, BSN, CLCP for the respondent and Maureen Clancy, RN, BSN, CLCP for the petitioner.
The attorneys involved were Ronald C. Homer, Esq., of Conway, Homer, P.C., for the petitioner, and Ann D.
Martin, Esq., and Julia Collison, Esq., of the U.S. Department of Justice, for the respondent.
Special Master Mindy Michaels Roth presided over the entitlement ruling and the damages decision.
Theory of causation
Petitioner Eston Hood alleged Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on October 31, 2014. The respondent conceded that the GBS was caused-in-fact by the vaccination and that petitioner met the statutory requirements for compensation, including the condition lasting more than six months and no evidence of unrelated factors. The Special Master adopted the respondent's concession and ruled on entitlement. The parties subsequently stipulated to an award of damages. The theory of causation is based on the "Table" injury provision of the National Vaccine Injury Compensation Program, specifically GBS following an influenza vaccine. No specific medical experts or detailed mechanism of injury were described in the public text. The award included a lump sum of $366,282.48 for first-year life care expenses, lost earnings, and pain and suffering, plus an amount for a future annuity for ongoing life care expenses. Special Master Mindy Michaels Roth issued the ruling on entitlement on October 2, 2018, and the decision awarding damages on April 17, 2020. Petitioner was represented by Ronald C. Homer, Esq., and respondent by Ann D. Martin, Esq., and Julia Collison, Esq.
Source PDFs
USCOURTS-cofc-1_17-vv-01774