Doris Lamberton v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2021)
Case summary [AI summaries can sometimes make mistakes]
On September 30, 2019, Doris Lamberton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on October 30, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.
Lamberton met the criteria for a Table injury for GBS following an influenza vaccine. The respondent also agreed that her condition had persisted for at least six months and that there was no alternative cause for her condition, thus entitling her to compensation.
Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 15, 2020, finding Ms.
Lamberton entitled to compensation based on the respondent's concession. Subsequently, on December 15, 2020, a decision awarding damages was issued.
Based on a proffer agreed to by both parties, Ms. Lamberton was awarded a lump sum of $154,700.00.
This award was comprised of $147,500.00 for pain and suffering, $2,200.00 for past out-of-pocket medical expenses, and $5,000.00 for future out-of-pocket medical expenses. The decision was signed by Chief Special Master Brian H.
Corcoran on December 15, 2020, and filed on February 8, 2021. Petitioner was represented by Alison H.
Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Debra A. Filteau Begley of the U.S.
Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, or treatments.
The specific mechanism of causation was not detailed in the public decision, but the entitlement was based on the Vaccine Injury Table criteria for GBS following an influenza vaccine.
Theory of causation
Petitioner Doris Lamberton received an influenza vaccine on October 30, 2018, and subsequently developed Guillain-Barre Syndrome (GBS). The respondent conceded that Petitioner satisfied the criteria set forth in the Vaccine Injury Table for a flu/GBS Table injury, that her condition persisted for at least six months, and that there was no alternative cause for her condition. This concession led to a ruling on entitlement by Chief Special Master Brian H. Corcoran on December 15, 2020. A subsequent decision on December 15, 2020, awarded Petitioner $154,700.00, comprised of $147,500.00 for pain and suffering, $2,200.00 for past out-of-pocket medical expenses, and $5,000.00 for future out-of-pocket medical expenses. Petitioner was represented by Alison H. Haskins, and respondent was represented by Debra A. Filteau Begley. The public decision does not detail specific medical experts, the onset of symptoms, diagnostic tests, treatments, or the precise mechanism of causation beyond the Table criteria.
Source PDFs
USCOURTS-cofc-1_19-vv-01504