Joey Lynn Bates v. HHS - Influenza, Guillain-Barré Syndrome (GBS) and death (2021)
Case summary [AI summaries can sometimes make mistakes]
On January 16, 2019, Emily Meacham and Christopher Ryan St. Andre, as co-administrators of the estate of Joey Lynn Bates, filed a petition under the National Vaccine Injury Compensation Program.
They alleged that an influenza vaccine administered to Mr. Bates on October 6, 2017, caused Guillain-Barré Syndrome (GBS) and his subsequent death on April 4, 2018.
The petitioners contended that Mr. Bates experienced the first symptom of GBS onset within the timeframe specified by the Vaccine Injury Table following vaccination, and that his condition met the Table's criteria.
Alternatively, they alleged that the flu vaccination was the cause-in-fact of Mr. Bates's GBS and death.
The respondent, the Secretary of Health and Human Services, denied that Mr. Bates sustained a GBS Table injury and denied that the flu vaccine caused his alleged GBS, any other injury, or his death.
Despite these denials, the parties reached a stipulation for award. Special Master Herbrina Sanders adopted the stipulation, awarding the estate $325,000.00 in compensation for all damages.
The decision was issued on April 21, 2021. Petitioner counsel was William E.
Cochran, Jr. Respondent counsel was Camille M.
Collett. The public decision does not describe the specific onset symptoms, medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioners alleged that Joey Lynn Bates received an influenza vaccine on October 6, 2017, and subsequently developed Guillain-Barré Syndrome (GBS) and died on April 4, 2018. They claimed the GBS onset occurred within the Vaccine Injury Table's time period, meeting Table criteria, and alternatively alleged the flu vaccine was the cause-in-fact of the GBS and death. The respondent denied a Table injury and causation. The parties stipulated to an award, and Special Master Herbrina Sanders adopted the stipulation on April 21, 2021. The award was $325,000.00. Petitioner counsel was William E. Cochran, Jr., and respondent counsel was Camille M. Collett. The public decision does not detail the specific mechanism of causation, expert testimony, or the medical evidence considered beyond the stipulation.
Source PDFs
USCOURTS-cofc-1_19-vv-00079