Jerome Debeltz v. HHS - Influenza, Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP) (2019)

Filed 2019-06-21Decided 2019-07-29Vaccine Influenza
compensated$85,568

Case summary [AI summaries can sometimes make mistakes]

On June 12, 2018, Jerome Debeltz filed a petition seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he developed Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving an influenza vaccine on October 7, 2016.

The respondent filed a Rule 4(c) Report on April 19, 2018, conceding that Mr. Debeltz was entitled to compensation.

The respondent stated that the medical evidence demonstrated that Mr. Debeltz satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, concluding that he was entitled to an award of damages limited to his GBS and its related sequelae.

Special Master Katherine E. Oler issued a Ruling on Entitlement on April 24, 2019, finding Mr.

Debeltz entitled to compensation for his Table GBS injury. Subsequently, the parties reached a stipulation for damages.

On June 21, 2019, the respondent filed a proffer agreeing to issue payments. Special Master Oler adopted the proffer and awarded Mr.

Debeltz a lump sum payment of $85,567.78, comprising $85,000.00 for pain and suffering and $567.78 for out-of-pocket medical expenses, paid in the form of a check to Mr. Debeltz.

The petition was filed on June 21, 2019, and the decision awarding damages was issued on July 29, 2019. Petitioner was represented by Amy A.

Senerth of Muller Brazil, LLP, and respondent was represented by Jeffrey T. Sprague of the U.S.

Department of Justice.

Theory of causation

Petitioner Jerome Debeltz received an influenza vaccine on October 7, 2016. He alleged that this vaccination caused Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent conceded that Mr. Debeltz's condition satisfied the criteria set forth in the Vaccine Injury Table. A Ruling on Entitlement was issued on April 24, 2019, finding Mr. Debeltz entitled to compensation for GBS. A subsequent proffer on June 21, 2019, agreed to a lump sum payment of $85,567.78, consisting of $85,000.00 for pain and suffering and $567.78 for out-of-pocket medical expenses. The decision awarding damages was issued on July 29, 2019, by Special Master Katherine E. Oler. Petitioner was represented by Amy A. Senerth and respondent by Jeffrey T. Sprague. The theory of causation relied on the Vaccine Injury Table, as the respondent conceded entitlement.

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