J.O. v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2020)
Case summary [AI summaries can sometimes make mistakes]
Brian and Heather Oberschmid, as parents and natural guardians of their minor child J.O., filed a petition for compensation on September 26, 2019, alleging that J.O. suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccination on September 27, 2016. The petition was filed under the National Vaccine Injury Compensation Program.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 13, 2020, conceding that J.O.'s GBS met the criteria set forth in the Vaccine Injury Table, specifically that the onset of GBS occurred between three and forty-two days after a seasonal flu vaccination and there was no apparent alternative cause. The respondent further agreed that the petitioners satisfied all legal prerequisites for compensation.
On February 18, 2020, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding J.O. entitled to compensation based on the respondent's concession and the evidence of record.
Subsequently, on April 30, 2020, the respondent filed a proffer on the award of compensation. Chief Special Master Corcoran issued a decision on June 2, 2020, awarding compensation based on this proffer.
The award included a lump sum of $434.00 for future unreimbursable expenses, payable to petitioners as legal representatives of J.O. It also included a lump sum of $8,616.40 for past unreimbursable expenses, payable to petitioners.
Additionally, an amount sufficient to purchase an annuity for pain and suffering was awarded. This annuity will provide annual payments of $24,548.60 for six years certain, beginning August 8, 2033, for the benefit of J.O.
The total lump sum for past and future unreimbursable expenses was $9,050.00. The decision noted that at the time the annuity payments would be received, J.O. would be an adult, and guardianship would not be required.
Petitioners were represented by Kate Gerayne Westad of SiebenCarey, and the respondent was represented by Laurie Wiesner of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of causation beyond the Table definition.
Theory of causation
The petitioner alleged that J.O. suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccination on September 27, 2016. The respondent conceded that J.O.'s GBS met the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI), which afford a presumption of causation if the onset of GBS occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. The respondent agreed that petitioners satisfied all legal prerequisites for compensation. The case resulted in a ruling on entitlement on February 18, 2020, and a damages decision on June 2, 2020, awarding $434.00 for future unreimbursable expenses, $8,616.40 for past unreimbursable expenses, and an amount sufficient to purchase an annuity for pain and suffering. The total lump sum for unreimbursable expenses was $9,050.00. Chief Special Master Brian H. Corcoran presided over the case. Petitioners were represented by Kate Gerayne Westad, and respondent was represented by Laurie Wiesner. The public text does not detail specific medical experts, alternative causation arguments, or the precise mechanism of injury beyond the Table presumption.
Source PDFs
USCOURTS-cofc-1_19-vv-01491