Kellie S. Campbell v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2019)

Filed 2018-11-02Decided 2019-12-26Vaccine Influenza
compensated$140,036

Case summary [AI summaries can sometimes make mistakes]

On November 2, 2018, Kellie S. Campbell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination administered on October 31, 2017.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Campbell suffered a Table injury of GBS following the flu vaccine within the Table time period.

The respondent also conceded that there was not a preponderance of the medical evidence that Ms. Campbell's GBS was due to a factor unrelated to vaccination and that her claim met the statutory severity requirements because she experienced sequelae for more than six months.

On September 24, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Campbell entitled to compensation.

Subsequently, on November 5, 2019, the respondent filed a proffer on the award of compensation. On December 26, 2019, Chief Special Master Brian H.

Corcoran issued a decision awarding damages based on this proffer. Ms.

Campbell was awarded a total of $140,036.40, consisting of $130,000.00 for pain and suffering and $10,036.40 for past loss of earnings. The award was to be paid as a lump sum check payable to Ms.

Campbell. Petitioner's counsel was Edward H.

Walter of Jubelirer Pass & Intrieri, P.C., and respondent's counsel was Darryl R. Wishard of the U.S.

Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation beyond it being a Table injury.

Theory of causation

Petitioner Kellie S. Campbell alleged that an influenza vaccine administered on October 31, 2017, caused Guillain-Barré Syndrome (GBS). The respondent conceded that GBS is a Table injury for the flu vaccine, that it occurred within the Table time period, and that there was no evidence of an unrelated cause. The respondent further conceded that the condition met the statutory severity requirements due to sequelae lasting more than six months. No specific medical experts or detailed causation mechanism were described in the public text. The case resulted in an entitlement ruling on September 24, 2019, by Chief Special Master Nora Beth Dorsey, and a damages decision on December 26, 2019, by Chief Special Master Brian H. Corcoran, awarding $140,036.40 ($130,000.00 for pain and suffering, $10,036.40 for past loss of earnings) based on a proffer agreed to by both parties. Petitioner was represented by Edward H. Walter, and respondent by Darryl R. Wishard.

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