Virginia Bennett v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)
Case summary [AI summaries can sometimes make mistakes]
Virginia Bennett filed a petition on December 27, 2019, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on August 28, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.
Bennett is entitled to compensation. The respondent concluded that Ms.
Bennett 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. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran found that Ms. Bennett is entitled to compensation.
The decision was a ruling on entitlement, with damages to be determined at a later date. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses.
Petitioner was represented by Richard Gage of Richard Gage, P.C., and respondent was represented by Debra A. Filteau Begley of the U.S.
Department of Justice.
Theory of causation
Petitioner Virginia Bennett alleged Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on August 28, 2018. The respondent conceded entitlement, agreeing that the condition met the criteria for a flu/GBS Table injury, persisted for at least six months, and had no alternative cause. The Special Master found entitlement based on the concession. The public text does not specify the mechanism of injury, expert testimony, or award details, as this was a ruling on entitlement only. Petitioner counsel was Richard Gage, respondent counsel was Debra A. Filteau Begley, and the Special Master was Brian H. Corcoran. The decision date was December 9, 2020.
Source PDFs
USCOURTS-cofc-1_19-vv-01963