John W. Vance v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2022)
Case summary [AI summaries can sometimes make mistakes]
On February 23, 2021, John W. Vance filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on October 1, 2019.
The petition stated that the vaccination was administered in the United States, his symptoms lasted more than six months, and he had not received prior compensation for vaccine-related injuries. The case was assigned to the Special Processing Unit.
On March 25, 2022, the Respondent, the Secretary of Health and Human Services, filed a report conceding that Mr. Vance is entitled to compensation.
The Respondent determined that Mr. Vance met the criteria for GBS following a flu vaccine as defined by the Vaccine Injury Table and its Qualifications and Aids to Interpretation.
The Respondent also agreed that the scope of damages was limited to Mr. Vance's GBS and its related sequelae.
Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 14, 2022, finding Mr.
Vance entitled to compensation. Subsequently, on July 28, 2022, the parties filed a proffer on the award of compensation.
The proffer stated that the Respondent recommended an award of $137,500.00 for past pain and suffering, and that Mr. Vance agreed with this proffered award.
The proffer also indicated that this amount represented all elements of compensation available under Section 15(a) of the Vaccine Act. On August 29, 2022, Chief Special Master Corcoran issued a decision awarding Mr.
Vance a lump sum payment of $137,500.00 for past pain and suffering, to be paid by check to Mr. Vance.
The decision directed the Clerk of Court to enter judgment in accordance with this decision. Petitioner was represented by Emily Beth Ashe of Anapol Weiss, and Respondent was represented by Joseph Adam Lewis of the U.S.
Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, or treatments.
Theory of causation
Petitioner John W. Vance alleged Guillain-Barré Syndrome (GBS) following an influenza vaccine administered on October 1, 2019. The Respondent conceded entitlement, determining that Petitioner met the criteria for GBS following a flu vaccine as defined by the Vaccine Injury Table and its Qualifications and Aids to Interpretation. The specific mechanism of causation, onset of symptoms, clinical details, medical tests, treatments, and expert testimony are not described in the provided public text. The case resulted in a compensated outcome. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 14, 2022, and a decision awarding damages on August 29, 2022. The award was a lump sum of $137,500.00 for past pain and suffering, agreed upon by both parties via a proffer filed on July 28, 2022. Petitioner was represented by Emily Beth Ashe, and Respondent was represented by Joseph Adam Lewis.
Source PDFs
USCOURTS-cofc-1_21-vv-00986