Billy Edwin Walden v. HHS - Influenza, Guillain Barré syndrome (2024)
Case summary [AI summaries can sometimes make mistakes]
On October 17, 2022, Thellys Ann Walden, as Personal Representative of the Estate of Billy Edwin Walden, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Billy Edwin Walden received an influenza vaccine on October 21, 2020, and subsequently developed Guillain-Barré syndrome (GBS), which resulted in his death on November 2, 2020.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 22, 2023, conceding that the petitioner satisfied the criteria set forth in the Vaccine Injury Table for GBS and that Mr. Walden's death was a sequela of the vaccine injury.
On September 25, 2023, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding the petitioner entitled to compensation.
Subsequently, on December 12, 2023, the respondent filed a proffer on the award of compensation, proposing an award of $350,000.00. This amount was comprised of $250,000.00 for the statutory benefit for a vaccine-related death and $100,000.00 for past pain and suffering.
The petitioner agreed with the proffered award. On January 17, 2024, Chief Special Master Corcoran issued a decision awarding the petitioner a lump sum payment of $350,000.00, payable by check to Thellys Ann Walden, as Personal Representative of the Estate of Billy Edwin Walden.
The award represents compensation for all damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received by Mr.
Walden. Petitioner's counsel was Frank Stout of Stout Law Office, and respondent's counsel was Colleen Clemons Hartley of the U.S.
Department of Justice.
Theory of causation
Petitioner alleged that Billy Edwin Walden received an influenza vaccine on October 21, 2020, and subsequently developed Guillain-Barré syndrome (GBS), a condition listed on the Vaccine Injury Table, which resulted in his death on November 2, 2020. The respondent conceded that Mr. Walden's GBS met the Vaccine Injury Table criteria and that his death was a sequela of the vaccine injury. The case was decided based on the respondent's concession and the Vaccine Injury Table. No specific medical experts or detailed causation theories beyond the Table criteria were described in the public text. The award was stipulated to be $350,000.00, consisting of $250,000.00 for the statutory benefit for a vaccine-related death and $100,000.00 for past pain and suffering. The ruling on entitlement was issued on September 25, 2023, and the final decision awarding damages was issued on January 17, 2024, by Chief Special Master Brian H. Corcoran. Petitioner was represented by Frank Stout, and respondent was represented by Colleen Clemons Hartley.
Source PDFs
USCOURTS-cofc-1_22-vv-01526