Mark Smith v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) and/or Transverse Myelitis (“TM”) (2023)
Case summary [AI summaries can sometimes make mistakes]
Mark Smith filed a petition on June 26, 2023, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered Guillain-Barré Syndrome (GBS) and/or Transverse Myelitis (TM) as a result of receiving an influenza vaccine on September 22, 2020, and that he experienced residual effects for more than six months.
The respondent denied that the flu vaccine caused Petitioner's condition and denied that it was a Table injury. Despite these positions, both parties agreed to settle the case through a stipulation filed on June 26, 2023.
Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision awarding damages.
The stipulation awarded Mark Smith a lump sum of $125,000.00, payable by check, as compensation for all damages. Petitioner's counsel was Jessica E.
Choper of Britcher Leone and Sergio, L.L.C., and respondent's counsel was Michael Joseph Lang of the U.S. Dep’t of Justice.
The public decision does not describe the onset of symptoms, specific clinical details, or expert testimony.
Theory of causation
Petitioner Mark Smith alleged that an influenza vaccine administered on September 22, 2020, caused Guillain-Barré Syndrome (GBS) and/or Transverse Myelitis (TM), with residual effects lasting over six months. Respondent denied causation and that the injury was a Table injury. The parties reached a stipulation to settle the case, agreeing to an award of $125,000.00. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings supporting either party's position, relying instead on the parties' agreement to resolve the matter.
Source PDFs
USCOURTS-cofc-1_22-vv-00705