Flint Allen v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2019)
Case summary [AI summaries can sometimes make mistakes]
Flint Allen filed a petition for compensation under the National Vaccine Injury Compensation Program on May 16, 2018, alleging he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccination on October 21, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr.
Allen's GBS was a "Table injury" and that he was entitled to compensation. On April 25, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Mr.
Allen entitled to compensation. Subsequently, on September 27, 2019, the respondent filed a proffer on the award of compensation.
The parties agreed to a total award of $93,700.19. This amount included $92,500.00 for past and future pain and suffering, with future pain and suffering reduced to net present value, and $1,200.19 for past unreimbursable expenses.
Chief Special Master Dorsey issued a decision on November 27, 2019, awarding Mr. Allen a lump sum payment of $93,700.19, payable to him as a competent adult.
Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Julia Marter Collison of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical expert testimony or opinions considered, beyond the respondent's concession regarding the "Table injury" status of GBS.
Theory of causation
Petitioner Flint Allen alleged Guillain-Barré Syndrome (GBS) following an influenza vaccination on October 21, 2016. The respondent conceded that petitioner satisfied the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI) for GBS. The Special Master's ruling on entitlement was issued on April 25, 2019. A subsequent decision on November 27, 2019, awarded petitioner a lump sum of $93,700.19, consisting of $92,500.00 for past and future pain and suffering (with future amounts reduced to net present value) and $1,200.19 for past unreimbursable expenses. The public text does not detail the specific mechanism of injury, expert testimony, or competing medical theories, relying instead on the respondent's concession that the injury was a "Table injury." Petitioner was represented by Ronald Craig Homer, and respondent was represented by Julia Marter Collison. Chief Special Master Nora Beth Dorsey presided over the case.
Source PDFs
USCOURTS-cofc-1_18-vv-00693