Matthew Hussong v. HHS - Influenza, Guillain-Barre Syndrome (“GBS”) and chronic inflammatory demyelinating polyneuropathy (“CIDP”) (2020)
Case summary [AI summaries can sometimes make mistakes]
Matthew Hussong filed a petition for compensation under the National Vaccine Injury Compensation Program on June 6, 2018. He alleged that he developed Guillain-Barre Syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP) after receiving an influenza vaccine on November 18, 2015.
The respondent, the Secretary of Health and Human Services, denied that Mr. Hussong sustained a GBS Table injury, denied that the vaccine caused or significantly aggravated his alleged injuries, and denied that his current disabilities were the result of a vaccine-related injury.
Despite these denials, the parties reached a settlement. On April 21, 2020, they filed a joint stipulation agreeing to settle the case.
Special Master Mindy Michaels Roth adopted the stipulation. The settlement included a lump sum payment of $175,500.00, consisting of $130,000.00 for past and future pain and suffering, $35,000.00 for past lost earnings, and $10,500.00 for unreimbursed expenses.
This payment was to be made via check payable to Matthew Hussong. The decision noted that the case was originally filed on April 21, 2020, and the decision was issued on May 18, 2020.
Petitioner was represented by Jessica Olins, Esq., and respondent was represented by Darryl Wishard, Esq. The public decision is unpublished but available online, with provisions for redaction of confidential information.
Theory of causation
Matthew Hussong filed a petition on June 6, 2018, alleging GBS and CIDP after receiving an influenza vaccine on November 18, 2015. The respondent denied a Table injury, causation, and aggravation. The parties stipulated to settle the case, with the respondent agreeing to pay $175,500.00, comprising $130,000.00 for pain and suffering, $35,000.00 for past lost earnings, and $10,500.00 for unreimbursed expenses. Special Master Mindy Michaels Roth adopted the stipulation on May 18, 2020. The stipulation stated that the case involved an influenza vaccine listed in the Vaccine Injury Table and that petitioner alleged symptoms lasting more than six months. The stipulation did not detail specific medical experts, clinical findings, or a precise mechanism of injury, but it represented a negotiated settlement of liability and damages. Petitioner was represented by Jessica Olins, Esq., and respondent by Darryl Wishard, Esq.
Source PDFs
USCOURTS-cofc-1_18-vv-00805