Virginia Powell v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2020)
Case summary [AI summaries can sometimes make mistakes]
Virginia Powell originally filed a petition on October 24, 2018, alleging that she suffered from Guillain-Barré Syndrome (GBS) as a result of receiving a flu vaccine and experienced residual effects for more than six months. The respondent denied that the flu vaccine caused Ms.
Powell's GBS or that she experienced residual effects for more than six months. Ms.
Powell died on February 28, 2019, and her son, Michael Powell, was substituted as petitioner as executor of her estate on August 20, 2019. The parties subsequently filed a joint stipulation for damages on November 4, 2020.
Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision.
Pursuant to the stipulation, Chief Special Master Corcoran awarded compensation in the amount of $100,000.00, payable as a lump sum to the estate of Virginia Powell. This amount was intended to compensate for all items of damages available under Section 15(a) of the Vaccine Act.
The decision does not specify the date of vaccination, the time to onset of symptoms, or the specific flu vaccine received. The petition did not allege that Ms.
Powell's death was a result of her alleged vaccine injury. Petitioner's counsel was John Robert Howie of Howie Law, PC, and respondent's counsel was Mollie Danielle Gorney of the U.S.
Department of Justice.
Theory of causation
Petitioner Virginia Powell alleged that she suffered Guillain-Barré Syndrome (GBS) as a result of receiving a flu vaccine and experienced residual effects for more than six months. Respondent denied causation and the duration of residual effects. The parties filed a joint stipulation for damages. The public decision does not specify the vaccine date, the time to onset, the specific vaccine, or provide details on the medical condition, treatment, or expert testimony. Chief Special Master Brian H. Corcoran adopted the joint stipulation, awarding $100,000.00 to the estate of Virginia Powell. The decision date was December 9, 2020. Petitioner's counsel was John Robert Howie, and respondent's counsel was Mollie Danielle Gorney.
Source PDFs
USCOURTS-cofc-1_18-vv-01638