Russell Ahlgrim v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2021)
Case summary [AI summaries can sometimes make mistakes]
Russell Ahlgrim filed a petition on October 2, 2019, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine administered on January 21, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 7, 2020, conceding that Mr.
Ahlgrim was entitled to compensation. The respondent's position was that Mr.
Ahlgrim met the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI), which provide a presumption of causation if GBS onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on October 20, 2020, finding Mr. Ahlgrim entitled to compensation based on the respondent's concession and the evidence of record.
Subsequently, on June 14, 2021, Chief Special Master Corcoran issued a Decision Awarding Damages based on a stipulation/proffer filed by the respondent. The parties agreed to a total award of $162,880.26.
This amount included $150,000.00 for pain and suffering, $3,295.88 for out-of-pocket expenses, and $9,584.38 for lost wages. Mr.
Ahlgrim was confirmed to be a competent adult, and the award was to be paid as a lump sum. Petitioner counsel was David John Carney of Green & Schafle LLC, and respondent counsel was Julia Marter Collison and later Lynn Christina Schlie of the U.S.
Department of Justice.
Theory of causation
Petitioner Russell Ahlgrim alleged Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on January 21, 2019. The respondent conceded entitlement, stating that the petitioner satisfied the criteria in the Vaccine Injury Table and Qualifications and Aids to Interpretation, which afford a presumption of causation if GBS onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. The respondent's Rule 4(c) Report was filed on October 7, 2020. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 20, 2020, finding entitlement based on the respondent's concession. A Decision Awarding Damages was issued on June 14, 2021, based on a proffer agreed to by the parties. The award totaled $162,880.26, comprising $150,000.00 for pain and suffering, $3,295.88 for out-of-pocket expenses, and $9,584.38 for lost wages. Petitioner was represented by David John Carney (Green & Schafle LLC), and respondent was represented by Julia Marter Collison and Lynn Christina Schlie (U.S. Department of Justice).
Source PDFs
USCOURTS-cofc-1_19-vv-01533