Deborah N. Coleman v. HHS - Influenza, Guillain-Barré syndrome (2021)
Case summary [AI summaries can sometimes make mistakes]
On May 19, 2020, Deborah N. Coleman filed a petition for compensation in the National Vaccine Injury Compensation Program.
Ms. Coleman alleged that she developed Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccination on October 14, 2016.
The respondent filed a report on July 7, 2021, stating that Ms. Coleman met the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation.
These criteria provide a presumption of causation for GBS following a seasonal flu vaccination within a specific timeframe, provided there is no apparent alternative cause. The respondent also indicated that Ms.
Coleman's injury was sufficiently severe, with residual effects lasting more than six months after the vaccination. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses.
Based on the respondent's recommendation and a review of the record, Special Master Thomas L. Gowen ruled that Ms.
Coleman is entitled to compensation. The case was then to proceed to the damages phase.
Elizabeth M. Muldowney represented the petitioner, and Nancy Tinch represented the respondent.
The ruling was issued on August 3, 2021.
Theory of causation
Petitioner Deborah N. Coleman received an influenza vaccination on October 14, 2016, and subsequently developed Guillain-Barré syndrome (GBS). The petition was filed on May 19, 2020. Respondent's report, filed July 7, 2021, averred that petitioner met the criteria in the Vaccine Injury Table and Qualifications and Aids to Interpretation, affording a presumption of causation for GBS following a seasonal flu vaccination within three to forty-two days, absent an apparent alternative cause. Petitioner's injury was deemed sufficiently severe, with residual effects lasting more than six months. Special Master Thomas L. Gowen ruled on August 3, 2021, that petitioner is entitled to compensation, and the case proceeded to the damages phase. The public decision does not detail the specific mechanism of causation, expert testimony, or alternative causes considered. Petitioner counsel was Elizabeth M. Muldowney, and respondent counsel was Nancy Tinch.
Source PDFs
USCOURTS-cofc-1_19-vv-01476