Mark Thomann v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2019)

Filed 2018-08-09Decided 2019-12-26Vaccine Influenza
compensated$65,000

Case summary [AI summaries can sometimes make mistakes]

Mark Thomann filed a petition for compensation under the National Vaccine Injury Compensation Program on August 9, 2018, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on September 18, 2012. The respondent filed a Rule 4(c) report on July 18, 2019, conceding that the petitioner sustained the onset of GBS within the time period set forth in the Vaccine Injury Table following his receipt of the flu vaccine.

On July 22, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding the petitioner entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on November 6, 2019, respondent filed a proffer on the award of compensation, recommending an award of $65,000.00.

The petitioner, a competent adult, agreed with the proffered award. Chief Special Master Brian H.

Corcoran issued a decision on November 6, 2019, awarding the petitioner a lump sum payment of $65,000.00, payable to Mark Thomann, representing all elements of compensation. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.

Petitioner was represented by Edward M. Kraus of the Law Offices of Chicago Kent, and respondent was represented by Claudia Barnes Gangi of the U.S.

Department of Justice.

Theory of causation

Petitioner Mark Thomann received an influenza vaccine on September 18, 2012, and subsequently suffered Guillain-Barre Syndrome (GBS). The respondent conceded that the GBS onset occurred within the time period specified in the Vaccine Injury Table following the vaccination. The case was determined to be a "Table Injury." The respondent filed a proffer recommending an award of $65,000.00, which the petitioner accepted. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 22, 2019, and Chief Special Master Brian H. Corcoran issued a decision awarding $65,000.00 on November 6, 2019. The public text does not detail the specific mechanism of causation, expert testimony, or clinical findings beyond the concession of a Table injury. Petitioner was represented by Edward M. Kraus, and respondent by Claudia Barnes Gangi.

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