Virgil Topham v. HHS - Influenza, Guillain-Barre syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) (2021)
Case summary [AI summaries can sometimes make mistakes]
Virgil Topham filed a petition for compensation under the National Vaccine Injury Compensation Program on July 25, 2019, alleging that he developed Guillain-Barre syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) after receiving an influenza vaccine on November 1, 2017. The influenza vaccine is listed on the Vaccine Injury Table.
The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Topham's alleged injuries.
Despite maintaining their respective positions on causation, the parties reached a stipulation for an award. Special Master Thomas L.
Gowen adopted the stipulation, awarding Mr. Topham $100,000.00 as compensation for all damages.
This decision was entered on April 13, 2021. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses.
Petitioner was represented by Leah V. Durant and respondent was represented by Voris E.
Johnson.
Theory of causation
Petitioner Virgil Topham received an influenza vaccine on November 1, 2017, and alleged subsequent development of Guillain-Barre syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), with residual effects lasting over six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation for award, and Special Master Thomas L. Gowen adopted the stipulation, awarding $100,000.00 for all damages. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties agreeing to resolve the matter. Petitioner was represented by Leah V. Durant, and respondent by Voris E. Johnson. The decision date was April 13, 2021.
Source PDFs
USCOURTS-cofc-1_19-vv-01072