Donald Herr v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2021)
Case summary [AI summaries can sometimes make mistakes]
Donald Herr filed a petition under the National Vaccine Injury Compensation Program on March 25, 2020, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on September 13, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr.
Herr suffered from GBS and that it qualified as a Table injury. This afforded Mr.
Herr a presumption of vaccine causation, provided that the onset of GBS occurred between three and forty-two days after the vaccination, there was no more likely alternative diagnosis, and no apparent alternative cause. On January 28, 2021, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement, finding Mr. Herr entitled to compensation based on the respondent's concession and the evidence of record.
Subsequently, on August 16, 2021, the respondent filed a proffer on the award of compensation. Mr.
Herr agreed with the proffered award. On September 16, 2021, Chief Special Master Corcoran issued a decision awarding Donald Herr a lump sum payment of $137,675.38.
This award included $137,000.00 for pain and suffering and $675.38 for out-of-pocket medical and related expenses. The petition was filed by Theodore J.
Hong of Maglio Christopher & Toale, PA, and the respondent was represented by Ida Nassar of the U.S. Department of Justice.
The public decision does not describe the specific onset date, symptoms, diagnostic tests, treatments, or the medical expert witnesses involved in this case.
Theory of causation
Donald Herr filed a petition alleging GBS following an influenza vaccination on September 13, 2018. The respondent conceded that Petitioner suffered from GBS and satisfied the criteria for a Table injury, which provides a presumption of vaccine causation if onset occurs between three and forty-two days post-vaccination, with no more likely alternative diagnosis or apparent alternative cause. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 28, 2021, finding Petitioner entitled to compensation. A subsequent decision on September 16, 2021, awarded Petitioner a lump sum of $137,675.38, comprising $137,000.00 for pain and suffering and $675.38 for out-of-pocket medical expenses, based on a proffer agreed to by both parties. Petitioner was represented by Theodore J. Hong, and Respondent by Ida Nassar. The specific mechanism of causation, onset details, medical evidence, and expert testimony are not detailed in the provided public text.
Source PDFs
USCOURTS-cofc-1_20-vv-00334