James Mahoney, Esq. v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)
Case summary [AI summaries can sometimes make mistakes]
James Mahoney, Esq. filed his petition on July 30, 2018, alleging that an influenza vaccination administered on September 12, 2017 caused Guillain-Barre Syndrome. The case proceeded before Special Master Christian J.
Moran. Mahoney was represented by Steven Douglas Hillyard.
Respondent did not contest entitlement. In the Rule 4(c) report, respondent stated that Mahoney satisfied the Vaccine Injury Table's qualifications for Guillain-Barre Syndrome after seasonal influenza vaccination: onset occurred between three and 42 days after the vaccine, and there was no apparent alternative cause.
On February 27, 2020, Special Master Moran found Mahoney entitled to compensation. The public entitlement and damages texts are focused on the concession and award and do not provide a detailed neurological chronology.
They do not describe Mahoney's first neurologic symptom, weakness pattern, reflex findings, hospitalization, cerebrospinal fluid testing, EMG or nerve conduction results, IVIG or plasmapheresis treatment, rehabilitation, or residual functional limitations. The available public record therefore tells the story at a higher level: after the September 2017 flu vaccination, Mahoney developed a GBS illness within the Table window, respondent accepted that no apparent alternate cause defeated entitlement, and the parties resolved damages through a proffer.
On March 5, 2020, Special Master Moran awarded $512,428.22. The award included $10,278.19 for projected life care expenses or other future unreimbursable expenses, $286,283.01 for lost earnings, $150,000.00 for actual and projected pain and suffering, and $65,867.02 for past unreimbursable expenses.
The award was paid as a lump sum, with net-present-value reductions applied where required for projected future items.
Theory of causation
Seasonal influenza vaccine on September 12, 2017 causing Guillain-Barre Syndrome (GBS). COMPENSATED. Respondent did not contest entitlement and conceded Table/QAI criteria: GBS onset between 3 and 42 days after seasonal influenza vaccination and no apparent alternative cause. Public decisions do not provide the first neurologic symptom, testing, treatment, rehab course, experts, or mechanism beyond the Table GBS criteria. Entitlement decision: Special Master Christian J. Moran, February 27, 2020. Damages decision: March 5, 2020. Award $512,428.22 ($10,278.19 projected life care/future expenses + $286,283.01 lost earnings + $150,000.00 actual/projected pain and suffering + $65,867.02 past unreimbursable expenses). Attorney: Steven Douglas Hillyard.
Source PDFs
USCOURTS-cofc-1_18-vv-01105