Richard McKenna v. HHS - Influenza, Guillain-Barre syndrome (GBS) and brachial neuritis (2024)
Case summary [AI summaries can sometimes make mistakes]
On September 11, 2019, Richard McKenna filed a petition alleging that an influenza vaccination administered on September 20, 2016 caused Guillain-Barre syndrome and brachial neuritis. After Mr.
McKenna died on February 1, 2023, Jonni Gonso, his partner and the special administrator of his estate, was substituted as petitioner on September 7, 2023. Respondent denied that the flu vaccine caused Mr.
McKenna's injuries. The public compensation decision does not describe onset, hospitalization, neurologic testing, treatment, the circumstances of death, or expert opinions.
Special Master Mindy Michaels Roth adopted the parties' stipulation on December 13, 2024. The award was $100,000.00 payable to Jonni Gonso as legal representative of Mr.
McKenna's estate and $730.46 for an Indiana Medicaid lien payable jointly to the estate representative and Anthem, for a total injury-compensation award of $100,730.46. Separate attorney-fee decisions were issued before and after the compensation decision.
Theory of causation
Adult petitioner Richard McKenna; influenza vaccine September 20, 2016; alleged GBS and brachial neuritis. COMPENSATED by stipulation after death. Mr. McKenna died February 1, 2023; Jonni Gonso substituted as special administrator September 7, 2023. Respondent denied causation; public text lacks clinical/death circumstances. Award $100,730.46 = $100,000.00 estate + $730.46 Indiana Medicaid lien. SM Roth December 13, 2024. Petition filed September 11, 2019. Attorney: Edward Kraus.
Source PDFs
USCOURTS-cofc-1_19-vv-01389