Anderson Roy Dunn, III v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)
Case summary [AI summaries can sometimes make mistakes]
Anderson Roy Dunn, III filed a petition for compensation under the National Vaccine Injury Compensation Program on June 26, 2018, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on November 19, 2017. The respondent filed a Rule 4(c) report on June 14, 2019, conceding that the petitioner was entitled to compensation.
The respondent concluded that the petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. On June 17, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding the petitioner entitled to compensation.
Subsequently, on February 11, 2020, the respondent filed a proffer on award of compensation, recommending an award of $155,000.00 for pain and suffering and $25.00 for past unreimbursable expenses. The petitioner agreed with the proffered award.
On March 20, 2020, Chief Special Master Brian H. Corcoran issued a decision awarding the petitioner a lump sum payment of $155,025.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The public decision does not describe the petitioner's specific symptoms, medical tests, treatments, or the mechanism of injury. Douglas Lee Burdette, of Burdette Law, PLLC, represented the petitioner, and Jennifer Leigh Reynaud, of the U.S.
Department of Justice, represented the respondent.
Theory of causation
Petitioner Anderson Roy Dunn, III alleged Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on November 19, 2017. The respondent conceded entitlement to compensation, finding that the GBS was a Table injury. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings. A ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on June 17, 2019. Subsequently, a proffer on award of damages was filed by respondent on February 11, 2020, recommending $155,000.00 for pain and suffering and $25.00 for past unreimbursable expenses. Petitioner agreed with the proffer. Chief Special Master Brian H. Corcoran issued a decision on March 20, 2020, awarding a lump sum of $155,025.00. Petitioner's counsel was Douglas Lee Burdette, and respondent's counsel was Jennifer Leigh Reynaud.
Source PDFs
USCOURTS-cofc-1_18-vv-00913