Kamali Saminathan v. HHS - Influenza, Guillain-Barré Syndrome (2014)

Filed 2014-05-27Decided 2014-10-23Vaccine Influenza
compensated$1,637,562

Case summary [AI summaries can sometimes make mistakes]

Kamali Saminathan filed a petition on May 27, 2014, alleging that she developed Guillain-Barré Syndrome (GBS) as a result of receiving a trivalent influenza vaccine on October 25, 2008. She further alleged that she suffered residual effects from this injury for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused GBS or any other injury, and also denied that petitioner's current disabilities were sequelae of a vaccine-related injury. Despite these denials, the parties reached a stipulation to resolve the case.

Special Master Laura D. Millman adopted the stipulation, awarding compensation.

The award included a lump sum of $1,531,906.58, which represented $31,906.58 for first-year life care expenses and $1,500,000.00 for combined lost earnings, pain and suffering, and past unreimbursable expenses. The award also included an amount sufficient to purchase an annuity contract.

Separately, on October 23, 2014, Special Master Millman issued a decision awarding attorneys' fees and costs. This award, based on a stipulation between the parties, totaled $105,656.21, payable jointly to petitioner Kamali Saminathan and the Law Offices of Jay A.

Bansal. Petitioner was represented by Jay A.

Bansal, and respondent was represented by Glenn A. MacLeod.

Theory of causation

Petitioner Kamali Saminathan alleged that her October 25, 2008, trivalent influenza vaccine caused Guillain-Barré Syndrome (GBS) and residual effects lasting more than six months. Respondent denied causation and sequelae. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation. The public decision does not describe the specific medical experts, clinical details of the alleged injury onset and progression, diagnostic tests, treatments, or the precise mechanism of causation. The award was based on a stipulation, not a finding of causation after litigation. The total award was $1,531,906.58 for damages, plus an amount for an annuity, and $105,656.21 for attorneys' fees and costs. The decision date for damages was May 27, 2014, and for attorneys' fees and costs was October 23, 2014. Petitioner's counsel was Jay A. Bansal, and respondent's counsel was Glenn A. MacLeod.

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