Rebekah R. Linnett v. HHS - Influenza, Guillain Barré Syndrome and/or Chronic Demyelinating Polyneuropathy (2022)
Case summary [AI summaries can sometimes make mistakes]
Rebekah R. Linnett filed a petition on May 7, 2019, alleging that she suffered from Guillain Barré Syndrome (GBS) and/or Chronic Demyelinating Polyneuropathy (CIDP) as a result of receiving an influenza vaccine on September 12, 2017.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's condition. The parties reached a stipulation to settle the case, agreeing that a decision should be entered awarding compensation to the petitioner.
The stipulation provided for a lump sum of $515,000.00, payable to the petitioner, to compensate for first-year life care expenses, combined lost earnings, and pain and suffering. Additionally, an amount sufficient to purchase an annuity contract was awarded, covering all damages available under the National Vaccine Injury Compensation Program.
Special Master Thomas L. Gowen issued a decision on the stipulation on November 7, 2022, and judgment was entered in accordance with the stipulation.
The public decision does not describe the petitioner's specific clinical story, onset of symptoms, diagnostic tests, treatments, or the mechanism of causation. Petitioner was represented by William E.
Cochran, Jr. of Black McLaren, et al., P.C., and respondent was represented by Mary E. Holmes of the U.S.
Department of Justice.
Theory of causation
Petitioner Rebekah R. Linnett alleged that an influenza vaccine administered on September 12, 2017, caused her Guillain Barré Syndrome (GBS) and/or Chronic Demyelinating Polyneuropathy (CIDP). The respondent denied causation. The parties stipulated to a settlement, resulting in an award of $515,000.00 as a lump sum for first-year life care expenses, combined lost earnings, and pain and suffering, plus an amount for an annuity contract covering all damages. Special Master Thomas L. Gowen issued the decision on November 7, 2022. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denies causation. Petitioner counsel was William E. Cochran, Jr., and respondent counsel was Mary E. Holmes.
Source PDFs
USCOURTS-cofc-1_19-vv-00672