Kimble Lehman v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)

Filed 2019-05-31Decided 2020-10-16Vaccine Influenza
compensated$70,000

Case summary [AI summaries can sometimes make mistakes]

Kimble Lehman filed a petition on May 31, 2019, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on January 15, 2018.

Petitioner stated the vaccine was administered in the United States, that the residual effects of GBS lasted for more than six months, and that no civil action had been filed or compensation received for the alleged vaccine-caused GBS. The respondent denied that Petitioner sustained a GBS Table injury, denied that the vaccine caused Petitioner's alleged GBS or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury.

On October 16, 2020, the parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H.

Corcoran found the stipulation reasonable and adopted it as his decision. Pursuant to the stipulation, a lump sum of $70,000.00, payable to Petitioner, was awarded as compensation for all items of damages.

The decision was issued on October 16, 2020. Petitioner's counsel was Jeffrey S.

Pop of Jeffrey S. Pop & Associates, and respondent's counsel was Colleen Clemons Hartley of the U.S.

Department of Justice.

Theory of causation

Petitioner alleged Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on January 15, 2018. Respondent denied that Petitioner sustained a GBS Table injury, denied that the vaccine caused Petitioner's alleged GBS or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. The parties filed a joint stipulation on October 16, 2020, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $70,000.00 for all items of damages. The specific theory of causation, medical experts, clinical details, onset, symptoms, tests, treatments, and mechanism were not described in the public decision, which was based on a stipulation. The award was made under the "Table" category of the Vaccine Act. Attorneys involved were Jeffrey S. Pop for the petitioner and Colleen Clemons Hartley for the respondent. The decision date was October 16, 2020.

Source PDFs 2 total · 1 downloaded