Noah Scott Campbell v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)
Case summary [AI summaries can sometimes make mistakes]
Noah Scott Campbell filed a petition for compensation under the National Vaccine Injury Compensation Program on January 30, 2019, later filing an amended petition on April 22, 2019. He alleged that he suffered from Guillain-Barré Syndrome (GBS), a condition listed in the Vaccine Injury Table, which he claimed was causally related to an influenza vaccination received on October 6, 2016.
Mr. Campbell stated that the vaccination was administered in the United States and that he experienced residual effects of his injury for more than six months.
He also affirmed that no civil action had been filed and no compensation had been received for his alleged vaccine-caused injury. The respondent, the Secretary of Health and Human Services, denied that Mr.
Campbell sustained a GBS Table injury, denied that the vaccine caused his alleged GBS or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on February 27, 2020, agreeing to settle the case.
Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting its terms as his decision.
The decision awards Noah Scott Campbell a lump sum of $75,000.00, payable by check to the petitioner, as compensation for all damages available under the Vaccine Act. This amount represents a compromise of the parties' positions on liability and damages.
The stipulation also outlines procedures for awarding reasonable attorneys' fees and costs, and specifies that the compensation is for the benefit of the petitioner and subject to certain conditions regarding other potential sources of payment. The parties agreed that the stipulation constitutes a full and complete negotiated settlement, and it is not an admission by the United States or the Secretary that the flu vaccine caused Mr.
Campbell's alleged GBS or any other injury. Paul R.
Brazil, Esq., represented the petitioner, and Claudia Barnes Gangi represented the respondent. The decision was issued on March 30, 2020.
Theory of causation
Petitioner Noah Scott Campbell alleged Guillain-Barré Syndrome (GBS) causally related to an influenza vaccine received on October 6, 2016. The petition was filed on January 30, 2019, with an amendment on April 22, 2019. Respondent denied a Table injury and causation. The parties filed a joint stipulation on February 27, 2020, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $75,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys for petitioner were Paul R. Brazil, Muller Brazil, LLP, and for respondent was Claudia Barnes Gangi, U.S. Department of Justice. The decision date was March 30, 2020. The case proceeded as a Table claim, with the parties stipulating to the award amount as a compromise of liability and damages, without admission of causation by the respondent.
Source PDFs
USCOURTS-cofc-1_19-vv-00156