S.B. v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2024)
Case summary [AI summaries can sometimes make mistakes]
On June 24, 2022, Van Blue, Jr., as the parent and natural guardian of his minor child S.B., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that S.B. suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on October 2, 2019.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 9, 2023, conceding that S.B. met the criteria for GBS as a Table injury following a seasonal influenza vaccine and that her medical records did not contain evidence of an alternative cause. Based on this concession, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on February 10, 2023, finding S.B. entitled to compensation. Subsequently, the parties reached an agreement on damages.
On August 14, 2024, Chief Special Master Corcoran issued a decision awarding a total of $288,926.76. This award comprised a lump sum of $205,000.00 for pain and suffering, payable to Van Blue, Jr. for the benefit of S.B., and a lump sum of $83,926.76 to satisfy a Medicaid lien, payable jointly to Van Blue, Jr. and the Commonwealth of Pennsylvania Department of Human Services.
Petitioner counsel was Paul R. Brazil of Muller Brazil, LLP.
Respondent counsel was Camille Michelle Collett of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical expert witnesses involved in this case.
Theory of causation
Petitioner Van Blue, Jr., filed on behalf of minor S.B., alleging Guillain-Barre Syndrome (GBS) resulting from an influenza vaccination received on October 2, 2019. Respondent conceded that S.B. met the criteria for GBS as a Table injury following a seasonal influenza vaccine, and that her medical records did not contain evidence of an alternative cause or fail to meet severity criteria. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 10, 2023, finding Petitioner entitled to compensation. A subsequent decision on August 14, 2024, awarded $205,000.00 for pain and suffering and $83,926.76 to satisfy a Medicaid lien, for a total award of $288,926.76. Petitioner counsel was Paul R. Brazil; respondent counsel was Camille Michelle Collett. The public text indicates a "Table" theory of causation for GBS following an influenza vaccine, with no alternative cause identified. No specific medical experts or detailed mechanism of injury were described in the public text.
Source PDFs
USCOURTS-cofc-1_22-vv-00711