Karlee Tessmer v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)
Case summary [AI summaries can sometimes make mistakes]
Karlee Tessmer filed a petition for compensation under the National Vaccine Injury Compensation Program on October 30, 2018, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on September 30, 2011. The respondent filed a Rule 4(c) report conceding that Ms.
Tessmer is entitled to compensation, finding that she satisfied the criteria set forth in the Vaccine Injury Table for GBS after a flu vaccine. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on April 3, 2020, finding Ms. Tessmer entitled to compensation.
Subsequently, the respondent filed a proffer on damages, indicating that Ms. Tessmer should be awarded $125,000.00, which Ms.
Tessmer agreed with. The court issued a decision on May 5, 2020, awarding Ms.
Tessmer a lump sum payment of $125,000.00. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Traci R.
Patton of the U.S. Department of Justice.
Theory of causation
Petitioner Karlee Tessmer alleged that an influenza vaccine administered on September 30, 2011, caused Guillain-Barre Syndrome (GBS). The respondent conceded entitlement, finding that Petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS after a flu vaccine. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed clinical information regarding the onset, symptoms, tests, or treatments. The Special Master found Petitioner entitled to compensation based on the respondent's concession and the evidence of record. A ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on April 3, 2020. Subsequently, a decision awarding damages was issued by Chief Special Master Brian H. Corcoran on May 5, 2020, awarding Petitioner a lump sum of $125,000.00. Petitioner was represented by Bridget Candace McCullough, and respondent was represented by Traci R. Patton.
Source PDFs
USCOURTS-cofc-1_18-vv-01672