Christopher Derr v. HHS - Influenza, Guillain-Barré syndrome (2024)
Case summary [AI summaries can sometimes make mistakes]
Christopher Derr filed a petition for compensation under the National Vaccine Injury Compensation Program on April 26, 2023. He alleged that he suffered from Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccination on September 27, 2021, and that he experienced residual effects from the injury for more than six months.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 10, 2024, conceding that Mr. Derr is entitled to compensation.
The respondent specifically stated that the records established the requirements for a flu/GBS Table injury, citing relevant regulations, and agreed that the petitioner is entitled to compensation under the Act. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran found that Mr. Derr is entitled to compensation.
The case is proceeding to determine the amount of damages. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.
Durant, PLLC, and Respondent was represented by Mary Novakovic of the U.S. Department of Justice.
The decision on entitlement was issued on June 14, 2024.
Theory of causation
Petitioner Christopher Derr alleged Guillain-Barré syndrome (GBS) following an influenza vaccination on September 27, 2021, with residual effects lasting over six months. The respondent conceded entitlement, stating that the records met the requirements for a flu/GBS Table injury as defined in 42 C.F.R. § 100.3(a)(XIV)(D) and 42 C.F.R. §100.3(c)(15). Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 14, 2024, finding Petitioner entitled to compensation based on the respondent's concession and the evidence of record. The case is pending determination of damages. Petitioner counsel was Leah VaSahnja Durant, and Respondent counsel was Mary Novakovic.
Source PDFs
USCOURTS-cofc-1_23-vv-00586