Holley Hartley v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2022)
Case summary [AI summaries can sometimes make mistakes]
Holley Hartley filed a petition for compensation under the National Vaccine Injury Compensation Program on July 10, 2019, alleging she suffered Guillain-Barre syndrome (GBS) as a result of receiving an influenza vaccine on November 1, 2016. She further alleged that she experienced residual effects from her GBS for more than six months.
The respondent denied that Ms. Hartley suffered from GBS within the Table timeframe and denied that the flu vaccine caused her alleged GBS or any other injury.
Despite these disagreements, the parties filed a joint stipulation on October 19, 2022, agreeing to settle the case and award compensation. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. The court awarded Ms.
Hartley a lump sum of $290,000.00, payable to her, representing compensation for all items of damages available under the Vaccine Act. This amount was to be paid as soon as practicable after entry of judgment.
The case proceeded as a Table claim. Petitioner was represented by Brian Robert Arnold.
Respondent was represented by Voris Edward Johnson. The stipulation stated that it was a full and complete negotiated settlement of liability and damages claimed under the National Vaccine Injury Act of 1986, as amended, and was not an admission by the United States that the alleged GBS was caused by the flu vaccine.
The parties also agreed to submit to further proceedings for the award of reasonable attorneys' fees and costs.
Theory of causation
Petitioner Holley Hartley received an influenza (flu) vaccine on November 1, 2016. She alleged that she sustained the first symptom or manifestation of Guillain-Barre syndrome (GBS) within the time period set forth in the Vaccine Injury Table and experienced residual effects for more than six months. Respondent denied that petitioner suffered from GBS within the Table timeframe and denied that the flu vaccine caused her alleged GBS or any other injury. The parties filed a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $290,000.00 to Petitioner. The case was treated as a Table claim. Petitioner was represented by Brian Robert Arnold, and Respondent was represented by Voris Edward Johnson. The stipulation was a full and complete negotiated settlement of liability and damages.
Source PDFs
USCOURTS-cofc-1_19-vv-00990