Sheri Boatwright v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2021)
Case summary [AI summaries can sometimes make mistakes]
Sheri Boatwright filed a petition for compensation under the National Vaccine Injury Compensation Program on January 9, 2020, alleging she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 9, 2017. The petition stated that the vaccination occurred in the United States, that the residual effects of the injury lasted for more than six months, and that there had been no prior award or settlement of a civil action for damages related to her condition.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Boatwright's GBS or any other injury, and denied that she sustained a GBS injury.
Despite these positions, the parties filed a joint stipulation on October 26, 2021, agreeing to settle the case. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting its terms as the decision awarding damages. Pursuant to the stipulation, Ms.
Boatwright was awarded $100,000.00 as a lump sum payment. Additionally, $400.49 was awarded to reimburse a California Medicaid lien for services rendered on her behalf.
These amounts were designated to cover all items of damages available under the Vaccine Act. The decision was entered on December 1, 2021.
Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Amanda Pasciuto of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Sheri Boatwright alleged that an influenza vaccine administered on October 9, 2017, caused her to suffer Guillain-Barré syndrome (GBS). The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation and injury. The parties reached a settlement via joint stipulation, and the case was resolved by decision on December 1, 2021. Chief Special Master Brian H. Corcoran awarded compensation based on the stipulation. The award consisted of a $100,000.00 lump sum payment to the petitioner and $400.49 to reimburse a California Medicaid lien. The stipulation explicitly states that it is not an admission by the respondent that petitioner sustained a GBS Table injury, that the vaccine caused GBS or any other injury, or that her condition is a sequelae of a vaccine-related injury. The public text does not detail the specific mechanism of causation, expert testimony, or the evidence considered beyond the stipulation. Petitioner was represented by Amy A. Senerth, and respondent was represented by Amanda Pasciuto.
Source PDFs
USCOURTS-cofc-1_20-vv-00029