Jeremey Morgan v. HHS - Influenza, Guillain-Barré syndrome (2021)
Case summary [AI summaries can sometimes make mistakes]
Jeremey Morgan filed a petition for compensation under the National Vaccine Injury Compensation Program on July 30, 2019, alleging that he developed Guillain-Barré syndrome (GBS) as a result of the influenza vaccine he received on November 2, 2018. The respondent filed a report on May 26, 2020, conceding that Mr.
Morgan was entitled to compensation because he satisfied the criteria for a flu-GBS claim on the Vaccine Injury Table. Special Master Herbrina Sanders issued a Ruling on Entitlement on June 15, 2020, consistent with the respondent's concession, and the matter proceeded to the damages phase.
On February 23, 2021, the respondent filed a Proffer on Award of Compensation. Based on the record and the proffer, Special Master Sanders issued a Decision awarding Mr.
Morgan $149,574.44. This award included a lump sum payment of $149,574.44, representing compensation for pain and suffering ($149,500.00) and past unreimbursable expenses ($74.44).
The decision was posted on the United States Court of Federal Claims’ website. The public decision was reissued on March 2, 2021, to correct the spelling of the petitioner's name.
Petitioner was represented by David J. Carney of Green & Schafle, LLC, and Respondent was represented by Dhairya D.
Jani of the United States Department of Justice.
Theory of causation
Petitioner Jeremey Morgan alleged that the influenza vaccine received on November 2, 2018, caused him to develop Guillain-Barré syndrome (GBS). The respondent conceded entitlement, stating that Petitioner satisfied the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation for a flu-GBS claim. The public text does not describe the specific mechanism of causation, expert testimony, or clinical details regarding the onset, symptoms, tests, or treatments. Special Master Herbrina Sanders issued a Ruling on Entitlement on June 15, 2020, based on the respondent's concession. Subsequently, on March 2, 2021, Special Master Sanders issued a Decision awarding Petitioner $149,574.44, consisting of a lump sum for pain and suffering ($149,500.00) and past unreimbursable expenses ($74.44), as stated in the respondent's Proffer on Award of Compensation. Petitioner was represented by David J. Carney (Green & Schafle, LLC), and Respondent was represented by Dhairya D. Jani (United States Department of Justice).
Source PDFs
USCOURTS-cofc-1_19-vv-01105