Ramsay Templeton v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2024)

Sebastien Templeton, as Personal Representative of the Estate of Ramsay Templeton, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 24, 2022. The petition alleged that Ramsay Templeton, who received an influenza vaccine on October 19, 2019, suffered Guillain-Barré syndrome (GBS) and death as a result of the vaccination.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding entitlement for the GBS injury claim, which was a Table injury, but arguing that the death benefit claim was untimely. Ramsay Templeton received the flu vaccine at CVS Pharmacy.

Eleven days later, on October 30, 2019, he presented to the emergency department with tingling legs and weak hands and arms. He was transferred to another hospital and admitted the same day.

A neurologist, Dr. Kenneth Hentschel, determined he may have acute inflammatory demyelinating polyradiculoneuropathy (AIDP), a form of GBS, related to his recent vaccination.

Treatment with IVIG and plasmapheresis did not result in improvement. Ramsay Templeton's condition worsened, and he died on November 17, 2019.

On November 21, 2023, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Petitioner entitled to compensation for the GBS injury claim, as it met the criteria for a Table injury with onset between three and forty-two days after vaccination and no apparent alternative cause.

However, the death benefit claim was dismissed as untimely because it was filed more than two years after Ramsay Templeton's death on November 17, 2019, exceeding the statutory deadline of November 17, 2021. On April 3, 2024, the parties submitted a Proffer on Award of Compensation.

Based on this Proffer, Chief Special Master Corcoran awarded Petitioner a lump sum of $180,000.00 for pain and suffering. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, and Respondent was represented by Bridget Corridon of the U.S. Department of Justice.

The award was made payable to Petitioner.