Thomas Creely v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)

Filed 2019-11-25Decided 2020-01-06Vaccine Influenza
entitlement_granted_pending_damages

Case summary [AI summaries can sometimes make mistakes]

Thomas Creely filed a petition for compensation under the National Vaccine Injury Compensation Program on November 25, 2019, alleging that he suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on February 2, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 21, 2019, conceding that Mr.

Creely is entitled to compensation. The respondent stated that it was their position that Mr.

Creely suffered from GBS and satisfied the criteria set forth in the Vaccine Injury Table and its accompanying interpretations. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran found that Mr. Creely is entitled to compensation.

The case was granted entitlement, pending a decision on damages. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses.

Petitioner was represented by Renee Ja Gentry of The Law Office of Renee J. Gentry, and respondent was represented by Ida Nassar of the U.S.

Department of Justice.

Theory of causation

Petitioner Thomas Creely received an influenza vaccine on February 2, 2017, and subsequently developed Guillain-Barre Syndrome (GBS). The respondent conceded that petitioner suffered from GBS and satisfied the criteria set forth in the Vaccine Injury Table. The theory of causation is based on the Vaccine Injury Table. The public decision does not name experts or describe the specific mechanism of injury. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 6, 2020, granting entitlement pending a decision on damages. Petitioner counsel was Renee Ja Gentry, and respondent counsel was Ida Nassar.

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