Kenneth Ingalsbe v. HHS - Influenza, Guillain-Barré Syndrome (2024)
Case summary [AI summaries can sometimes make mistakes]
Kenneth Ingalsbe, a 66-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on October 6, 2022. He alleged that he suffered Guillain-Barré Syndrome (GBS), a Table injury, as a result of an influenza vaccination he received on December 18, 2019.
Mr. Ingalsbe further alleged that the vaccine was administered in the United States, that his injury resulted in residual effects lasting more than six months, and that there had been no prior award or settlement for this injury.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 20, 2023, conceding that Mr. Ingalsbe's claim satisfied the Table criteria for GBS following a seasonal flu vaccine, with onset occurring between three and forty-two days after vaccination, and with no more likely alternative diagnosis or clear alternative cause.
The respondent indicated that Mr. Ingalsbe was entitled to a presumption of vaccine causation.
On September 22, 2023, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Mr.
Ingalsbe entitled to compensation. Subsequently, on January 26, 2024, the parties reached a stipulation for damages.
The respondent proffered an award of $250,000.00 for pain and suffering, $11,421.52 for past unreimbursable expenses, and $4,721.03 to satisfy a Medicaid lien. Mr.
Ingalsbe agreed to this award. On March 1, 2024, Chief Special Master Corcoran issued a decision awarding a total of $266,142.52 in compensation.
This award was to be paid as two lump sum payments: $261,421.52 for pain and suffering and past unreimbursable expenses, and $4,721.03 to satisfy the Genesee County Medicaid lien, payable jointly to Mr. Ingalsbe and the Genesee County Department of Social Services.
Petitioner counsel was Timothy James Lessman of Knutson & Casey Law Firm, and respondent counsel was Naseem Kourosh of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses.
Theory of causation
Petitioner Kenneth Ingalsbe, age 66.7, received an influenza vaccine on December 18, 2019, and alleged a Table injury of Guillain-Barré Syndrome (GBS). The respondent conceded that the claim satisfied the Table criteria for GBS following a seasonal flu vaccine, with onset between three and forty-two days post-vaccination, and no more likely alternative diagnosis or clear alternative cause, thus entitling the petitioner to a presumption of vaccine causation. The case was timely filed, the vaccine was administered in the United States, the injury lasted more than six months, and there was no prior award or settlement. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 22, 2023. A stipulation for damages was reached on January 26, 2024, with an award of $250,000.00 for pain and suffering, $11,421.52 for past unreimbursable expenses, and $4,721.03 to satisfy a Medicaid lien. The final decision on March 1, 2024, awarded a total of $266,142.52, paid as two lump sum payments. Petitioner counsel was Timothy James Lessman, and respondent counsel was Naseem Kourosh.
Source PDFs
USCOURTS-cofc-1_22-vv-01457