Ho Cam Thai v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2024)
Case summary [AI summaries can sometimes make mistakes]
On August 18, 2022, Hien Thai, as personal representative of the Estate of Ho Cam Thai, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Ho Cam Thai received an influenza vaccination on August 19, 2020, and subsequently developed Guillain-Barre Syndrome (GBS), a condition listed on the Vaccine Injury Table.
The petition further alleged that Ho Cam Thai's death was a result of the vaccine-related GBS. The respondent filed a Rule 4(c) report conceding that the claim met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, specifically noting that Ho Cam Thai experienced symptom onset between three and forty-two days after the vaccination, had bilateral flaccid limb weakness and decreased or absent DTRs, a monophasic illness pattern, an interval between onset and nadir of weakness between twelve hours and twenty-eight days, a subsequent clinical plateau without significant relapse, and no more likely alternative cause.
The respondent also conceded that the death was vaccine-related. On November 16, 2023, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement, finding Petitioner entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on February 16, 2024, the parties filed a stipulation and proffer regarding the award of compensation.
The respondent proffered an award of $500,000.00, comprising $250,000.00 for the statutory benefit for a vaccine-related death and $250,000.00 for past pain and suffering. Petitioner agreed with the proffered award.
On March 19, 2024, Chief Special Master Corcoran issued a decision awarding Petitioner a lump sum payment of $500,000.00, payable to Hien Thai as personal representative of the Estate of Ho Cam Thai, representing compensation for all damages available under Section 15(a). Petitioner counsel was Nancy Routh Meyers, and respondent counsel was Ryan Pohlman Miller.
The public decision does not describe the specific onset symptoms, clinical progression, diagnostic tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner alleged that Ho Cam Thai suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on August 19, 2020, and that his subsequent death was a sequela of the GBS. The respondent conceded that the claim met the criteria set forth in the Vaccine Injury Table for GBS, including symptom onset between three and forty-two days post-vaccination, bilateral flaccid limb weakness, decreased or absent DTRs, a monophasic illness pattern, a specific interval between onset and nadir of weakness, a plateau without relapse, and no more likely alternative cause. Respondent also conceded that the death was vaccine-related. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 16, 2023, finding Petitioner entitled to compensation. On March 19, 2024, Chief Special Master Corcoran awarded Petitioner $500,000.00, consisting of $250,000.00 for the statutory benefit for vaccine-related death and $250,000.00 for past pain and suffering. Petitioner counsel was Nancy Routh Meyers, and respondent counsel was Ryan Pohlman Miller. The public text does not detail the specific mechanism of causation or name any experts.
Source PDFs
USCOURTS-cofc-1_22-vv-01011