Shirley A. Millett v. HHS - Influenza, Guillain Barre Syndrome (GBS) (2024)
Case summary [AI summaries can sometimes make mistakes]
On July 2, 2020, Shirley A. Millett filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on October 16, 2018.
Following Ms. Millett's death on March 1, 2023, Jason Millett, as administrator of her estate, was substituted as the petitioner.
The petitioner alleged that the vaccine was administered in the United States, that Ms. Millett's GBS persisted for more than six months, and that neither Ms.
Millett nor any other party had previously filed an action or received compensation for her vaccine-related GBS. The respondent denied that the flu vaccine caused Ms.
Millett's alleged GBS, its residual effects, or her death. On January 5, 2024, the parties filed a joint stipulation agreeing to settle the case and award compensation.
Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision.
Pursuant to the stipulation, a lump sum of $100,000.00 was awarded to the estate of Shirley A. Millett, payable to Jason Millett as Administrator.
This amount was intended as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on February 7, 2024.
Petitioner counsel was Bobbie L. Flynt of Crandall & Pera Law, LLC, and respondent counsel was Nina Ren of the U.S.
Department of Justice.
Theory of causation
Petitioner alleged that Shirley A. Millett received an influenza vaccine on October 16, 2018, and subsequently suffered Guillain-Barre Syndrome (GBS), which persisted for more than six months. Petitioner further alleged that Ms. Millett's death on March 1, 2023, was a sequela of this GBS. The respondent denied that the flu vaccine caused the alleged GBS or the death. The parties entered into a joint stipulation to settle the case. The public text does not describe the specific mechanism of causation, expert testimony, or detailed clinical information regarding the onset, symptoms, tests, or treatments for Ms. Millett's condition. The case was settled via stipulation, resulting in an award of $100,000.00 to the estate of Shirley A. Millett. The theory of causation is based on the Vaccine Injury Table (Table), 42 C.F.R. § 100.3(a), as the influenza vaccine is listed. The decision adopting the stipulation was issued by Chief Special Master Brian H. Corcoran on February 7, 2024. Petitioner was represented by Bobbie L. Flynt, and Respondent was represented by Nina Ren.
Source PDFs
USCOURTS-cofc-1_20-vv-00807