James Johnson, Sr. v. HHS - Influenza, Guillain-Barre Syndrome (2022)
Case summary [AI summaries can sometimes make mistakes]
James Johnson, Sr. filed a petition for compensation under the National Vaccine Injury Compensation Program on July 17, 2019, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination he received on October 22, 2018. He further alleged that he experienced residual effects of the condition for more than six months, that there had been no prior award or settlement of a civil action for damages, and that his vaccine was administered in the United States.
The respondent denied that Mr. Johnson developed GBS or any other injury as a result of the flu vaccine.
Despite the respondent's denial, the parties filed a joint stipulation on March 29, 2022, agreeing that compensation should be awarded. Special Master Daniel T.
Horner found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Mr.
Johnson was awarded a lump sum of $80,000.00, payable by check to the petitioner, representing compensation for all items of damages available under the Vaccine Act. The decision was issued on April 27, 2022.
Petitioner was represented by Wes Baker Allison of Kahn Law Firm, LLP, and respondent was represented by Mark K. Hellie of the U.S.
Department of Justice.
Theory of causation
Petitioner James Johnson, Sr. alleged Guillain-Barre Syndrome (GBS) following an influenza vaccination on October 22, 2018. The respondent denied the alleged injury. The parties filed a joint stipulation for compensation, which Special Master Daniel T. Horner adopted. The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. Compensation was awarded in the amount of $80,000.00. The decision was issued on April 27, 2022, based on a stipulation filed March 29, 2022. Petitioner's counsel was Wes Baker Allison, and respondent's counsel was Mark K. Hellie.
Source PDFs
USCOURTS-cofc-1_19-vv-01035