Patricia Kelly v. HHS - Influenza, Guillain Barre Syndrome (GBS) (2020)
Case summary [AI summaries can sometimes make mistakes]
On May 30, 2018, Patricia Kelly filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that the influenza vaccine she received on October 5, 2016, caused her to develop Guillain Barre Syndrome (GBS) and that she experienced residual effects for more than six months. The respondent denied that the flu vaccine caused Petitioner's alleged GBS or any other injury.
On February 11, 2020, the parties filed a joint stipulation agreeing to an award of compensation. The stipulation stated that Petitioner would receive a lump sum of $160,000.00, payable by check to Petitioner, as compensation for all damages.
Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court, ordering that judgment be entered accordingly. Petitioner was represented by Michael P.
Milmoe of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Christine M.
Becer of the United States Department of Justice.
Theory of causation
Petitioner Patricia Kelly alleged that the influenza vaccine administered on October 5, 2016, caused her to develop Guillain Barre Syndrome (GBS) and experience residual effects for more than six months. Respondent denied causation. The parties reached a stipulation for award on February 11, 2020, agreeing to a lump sum payment of $160,000.00 to Petitioner for all damages. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the theory of causation. Special Master Herbrina Sanders approved the stipulation. Petitioner was represented by Michael P. Milmoe, and Respondent was represented by Christine M. Becer.
Source PDFs
USCOURTS-cofc-1_18-vv-00466