Michael Keller v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2022)
Case summary [AI summaries can sometimes make mistakes]
Michael Keller filed a petition for compensation under the National Vaccine Injury Compensation Program on June 9, 2020, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 11, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 8, 2021, conceding that Mr.
Keller is entitled to compensation. The respondent concluded that Mr.
Keller satisfied the criteria for GBS as a Table injury. On January 13, 2021, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement, finding Mr. Keller eligible for compensation.
Subsequently, on March 25, 2022, the respondent filed a proffer on an award of compensation, which Mr. Keller agreed to.
Chief Special Master Corcoran issued a decision on May 4, 2022, awarding Mr. Keller a total of $247,813.38.
This award consisted of $240,000.00 for pain and suffering and $7,813.38 for past unreimbursable expenses. The award represents compensation for all damages available under the program.
Petitioner counsel was Anne Carrion Toale of Maglio Christopher & Toale, PA. Respondent counsel was Mary Eileen Holmes of the U.S.
Department of Justice.
Theory of causation
Michael Keller filed a petition alleging Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on October 11, 2017. The respondent conceded entitlement, finding that the GBS qualified as a Table injury. The public decision does not describe the specific mechanism of causation, onset, symptoms, tests, or treatments. Petitioner counsel was Anne Carrion Toale. Respondent counsel was Mary Eileen Holmes. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on January 13, 2021, and the decision awarding damages on May 4, 2022. The award totaled $247,813.38, comprising $240,000.00 for pain and suffering and $7,813.38 for past unreimbursable expenses.
Source PDFs
USCOURTS-cofc-1_20-vv-00693