Jimmie Vance v. HHS - Influenza, Guillain-Barré syndrome (2024)

Filed 2020-04-21Decided 2024-06-04Vaccine Influenza
compensated$40,125death

Case summary [AI summaries can sometimes make mistakes]

On April 21, 2020, Scarlett Young, as personal representative of the Estate of Jimmie Vance, filed a petition seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that Jimmie Vance received an influenza vaccination on September 12, 2017, and subsequently suffered from Guillain-Barré syndrome (GBS) as a result of this vaccination.

The petition further alleged that Mr. Vance experienced residual effects of GBS for more than six months and died from a vaccine injury on December 24, 2019.

The respondent denied that the flu vaccine caused Mr. Vance to suffer from GBS or any other injury or condition, and denied that his death was vaccine-related.

Despite these denials, both parties entered into a joint stipulation to settle the case, agreeing that a decision should be entered awarding compensation. Special Master Katherine E.

Oler reviewed the file and found the stipulation to be reasonable, adopting it as her decision. The stipulation awarded the estate a lump sum of $34,125.00, payable to Scarlett Young as legal representative, and an additional lump sum of $6,000.00 to reimburse a Medicaid lien for services rendered to Mr.

Vance by the State of Kentucky. This total award of $40,125.00 represents compensation for all damages available under the Vaccine Program.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Petitioner counsel was Bridget McCullough of Muller Brazil, LLP, and respondent counsel was Ryan Miller of the U.S.

Department of Justice.

Theory of causation

Petitioner alleged that Jimmie Vance received an influenza vaccination on September 12, 2017, and subsequently developed Guillain-Barré syndrome (GBS), which led to his death on December 24, 2019. Respondent denied that the flu vaccine caused GBS or any other injury, and denied that the death was vaccine-related. The parties entered into a joint stipulation to settle the case. The Special Master adopted the stipulation, awarding $34,125.00 as a lump sum to the estate and $6,000.00 for a Medicaid lien reimbursement, totaling $40,125.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision was issued by Special Master Katherine E. Oler on June 4, 2024. Petitioner counsel was Bridget McCullough and respondent counsel was Ryan Miller.

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