Willis H. Gibbs v. HHS - Influenza, angioedema (2019)

Filed 2018-06-11Decided 2019-09-11Vaccine Influenza
compensated$105,000

Case summary [AI summaries can sometimes make mistakes]

Willis H. Gibbs filed a petition for compensation under the National Vaccine Injury Compensation Program on June 11, 2018, alleging he suffered angioedema as a result of an influenza vaccine administered on August 1, 2017.

Mr. Gibbs claimed the vaccine was administered in the United States and that he experienced residual effects of his condition for more than six months.

He also stated there had been no prior award or settlement of a civil action for damages related to his condition. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr.

Gibbs' alleged angioedema and residual effects, or any other injury. Despite this denial, on June 26, 2019, the parties filed a joint stipulation agreeing to settle the case.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and adopted it as the decision of the Court. Pursuant to the stipulation, Mr.

Gibbs was awarded a lump sum of $105,000.00, payable to him, as compensation for all items of damages available under the Vaccine Act. The decision was entered on September 11, 2019.

Petitioner was represented by Nancy Routh Meyers of Ward Black Law, and respondent was represented by Voris Edward Johnson of the U.S. Department of Justice.

The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, or treatments. The flu vaccine is listed on the Vaccine Injury Table.

Theory of causation

Petitioner Willis H. Gibbs received an influenza vaccine on August 1, 2017, and alleged he suffered angioedema and residual effects for more than six months, which he claimed were caused by the vaccine. The respondent denied causation. The parties filed a joint stipulation agreeing to settle the case. The Special Master adopted the stipulation, awarding $105,000.00 as compensation for all damages. The flu vaccine is listed on the Vaccine Injury Table. The public decision does not name specific experts or detail the medical mechanism of injury. The award was based on a stipulation, not a finding of causation after litigation. Petitioner was represented by Nancy Routh Meyers, and respondent by Voris Edward Johnson. Chief Special Master Nora Beth Dorsey issued the decision on September 11, 2019.

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