D.L. v. HHS - Influenza, Guillain-Barré syndrome (“GBS”) (2023)

Filed 2019-01-11Decided 2023-09-20Vaccine Influenza
compensated$156,950

Case summary [AI summaries can sometimes make mistakes]

On January 11, 2019, Ryan Larsen and Samantha Glover, as natural parents, filed a petition on behalf of their minor child, D.L. They alleged that Hepatitis A and Influenza Quadrivalent vaccinations administered on September 23, 2016, caused D.L. to develop Guillain-Barré syndrome (GBS), with symptoms persisting for over six months.

The respondent, the Secretary of Health and Human Services, denied that the vaccines caused D.L.'s GBS. The parties subsequently reached a joint stipulation for compensation, which Special Master Christian J.

Moran adopted as the decision of the Court. The stipulation awarded a total of $156,950.15.

This amount included $8,788.37 for reimbursement of a lien from the Indiana Health Coverage Programs and $38,161.78 for reimbursement of a lien from Anthem Insurance Companies Inc. Additionally, $110,000.00 was allocated to purchase an annuity contract.

This compensation was intended to cover all damages available under the program. The public decision does not describe the onset of symptoms, specific clinical details, or any expert testimony.

The attorneys involved were Kathy Ann Lee of Christie Farrell Lee & Bell, P.C. for the petitioners and Madelyn Weeks of the United States Department of Justice for the respondent.

Theory of causation

Petitioners alleged that Hepatitis A and Influenza Quadrivalent vaccinations received on September 23, 2016, caused D.L. to suffer from Guillain-Barré syndrome (GBS) with symptoms persisting for over six months. The respondent denied causation. The parties reached a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation awarded $156,950.15, comprising $8,788.37 for Indiana Health Coverage Programs lien reimbursement, $38,161.78 for Anthem Insurance Companies Inc. lien reimbursement, and $110,000.00 for an annuity contract. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccines allegedly caused GBS.

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