John Olson v. HHS - Influenza, Guillain-Barré syndrome (2023)
Case summary [AI summaries can sometimes make mistakes]
On May 23, 2019, John Olson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 27, 2017. Mr.
Olson alleged the vaccine was administered in the United States and that he experienced residual effects for more than six months. He further stated there had been no prior award or settlement of a civil action for damages related to his condition.
Mr. Olson passed away on January 13, 2021, while the case was pending.
His daughter, Robin Roseland, was substituted as the Personal Representative of his estate on August 13, 2021. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr.
Olson's alleged neurologic injury, Guillain-Barré syndrome (GBS), chronic inflammatory demyelinating polyneuropathy (CIDP), or any other injury, and denied that his death was a sequela of a vaccine-related injury. Despite these denials, the parties reached a joint stipulation for compensation.
Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting its terms as his decision.
The award included a lump sum of $253,204.53 payable to the estate of Mr. Olson and a lump sum of $24,234.59 to reimburse a Medicaid lien for services rendered by the State of Minnesota.
These amounts were designated as compensation for all damages available under the Vaccine Act. The decision was issued on June 26, 2023.
Petitioner counsel was Isaiah Kalinowski of Bosson Legal Group, and respondent counsel was Benjamin Patrick Warder of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party.
Theory of causation
Petitioner alleged Guillain-Barré syndrome (GBS) following an influenza vaccine administered on October 27, 2017. The respondent denied the vaccine caused the alleged injury or death. The parties entered into a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation stated that the parties maintained their positions but agreed to settle. The award included $253,204.53 to the estate and $24,234.59 for a Medicaid lien reimbursement. The stipulation explicitly stated it was not an admission by the United States or the Secretary that the flu vaccine caused Mr. Olson's alleged neurologic injury, GBS, CIDP, any other injury, or his death. The theory of causation falls under the Vaccine Injury Table (Table) for GBS. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings beyond the alleged condition and vaccination. Petitioner counsel was Isaiah Kalinowski, and respondent counsel was Benjamin Patrick Warder. The decision date was June 26, 2023.
Source PDFs
USCOURTS-cofc-1_19-vv-00768