David Pierson v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2023)

Filed 2020-08-28Decided 2023-04-18Vaccine Influenza
compensated$95,000death

Case summary [AI summaries can sometimes make mistakes]

Renee Clark Pierson, as Administratrix of the Estate of David Pierson, filed a petition on August 28, 2020, alleging that David Pierson suffered from Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on October 3, 2019, and that this condition caused or contributed to his death. The respondent denied that the decedent sustained a GBS Table injury, denied that the flu vaccine caused the decedent's GBS or any other injury, and denied that the decedent's death was a sequelae of a vaccine-related injury.

Despite these denials, the parties filed a stipulation recommending an award of compensation. The stipulation proposed a lump sum of $95,000.00 to Petitioner as compensation for all damages.

Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. Judgment was to be entered based on the stipulation, provided no motion for review was filed.

The public decision does not describe the decedent's specific symptoms, medical history, diagnostic tests, treatments, or the specific mechanism by which the vaccine allegedly caused GBS. Petitioner was represented by David John Carney of Green & Schafle LLC, and Respondent was represented by Katherine Carr Esposito of the U.S.

Department of Justice.

Theory of causation

Petitioner alleged that David Pierson suffered Guillain-Barré Syndrome (GBS) and subsequent death as a result of an influenza vaccine administered on October 3, 2019. Respondent denied that the GBS was a Table injury, denied that the vaccine caused the GBS or any other injury, and denied that the death was a sequelae of a vaccine-related injury. The parties reached a stipulation for compensation, with Petitioner receiving a lump sum of $95,000.00 for all damages. Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. The theory of causation was considered "Off-Table." The public decision does not name specific medical experts or detail the proposed mechanism of injury. The award was $95,000.00. The decision was issued by Special Master Dorsey on April 18, 2023. Petitioner's counsel was David John Carney, and Respondent's counsel was Katherine Carr Esposito.

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