Judson Costlow v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2021)
Case summary [AI summaries can sometimes make mistakes]
Judson Costlow filed a petition for compensation under the National Vaccine Injury Compensation Program on June 27, 2019, alleging that he suffered Guillain-Barré syndrome (GBS) caused by an influenza vaccine he received on September 16, 2016. The case was assigned to the Special Processing Unit.
Initially, the Respondent opposed compensation, questioning whether Mr. Costlow had suffered residual effects for more than six months.
However, after reviewing additional evidence provided by the Petitioner, the Respondent conceded entitlement. On October 30, 2020, Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement, finding Mr. Costlow entitled to compensation.
Subsequently, on December 4, 2020, the Respondent filed a proffer agreeing to an award of $125,000.00 for pain and suffering, which Mr. Costlow accepted.
Chief Special Master Corcoran issued a Decision Awarding Damages on February 1, 2021, awarding Mr. Costlow a lump sum payment of $125,000.00.
Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and Respondent was represented by Ronalda Elnetta Kosh of the U.S.
Department of Justice. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the mechanism of causation beyond its classification as a Table injury.
Theory of causation
Petitioner Judson Costlow alleged Guillain-Barré syndrome (GBS) caused in fact by an influenza vaccine received on September 16, 2016. The Respondent initially contested entitlement based on the duration of residual effects but later conceded that Petitioner satisfied the statutory six-month requirement and all other legal requirements for compensation under the Vaccine Act, agreeing that the GBS was a Table injury. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 30, 2020, finding Petitioner entitled to compensation. On December 4, 2020, Respondent filed a proffer agreeing to an award of $125,000.00 for pain and suffering, which Petitioner accepted. Chief Special Master Corcoran issued a Decision Awarding Damages on February 1, 2021, awarding a lump sum of $125,000.00 to Petitioner. Petitioner was represented by Amy A. Senerth (Muller Brazil, LLP), and Respondent was represented by Ronalda E. Kosh (U.S. Department of Justice). The public text does not detail specific medical experts, competing medical theories, or the precise mechanism of causation beyond the Table classification.
Source PDFs
USCOURTS-cofc-1_19-vv-00935