Omar Del Rio v. HHS - Influenza, Guillain-Barre syndrome [GBS], Chronic Inflammatory Demyelinating Polyneuropathy [CIDP], and/or Transverse Myelitis [TM] (2015)

Filed 2015-01-29Decided 2015-09-08Vaccine Influenza
compensated$710,687

Case summary [AI summaries can sometimes make mistakes]

Omar Del Rio filed a petition under the National Vaccine Injury Compensation Program alleging that he suffered Guillain-Barre syndrome (GBS), Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), and/or Transverse Myelitis (TM) as a result of receiving an influenza vaccine on or about November 11, 2010. He further alleged that he experienced residual effects of this injury for more than six months.

The parties subsequently filed a joint stipulation agreeing that a decision should be entered awarding compensation. Respondent denied that the flu vaccine caused the alleged injuries but agreed to the stipulation.

The court adopted the stipulation as its decision. Omar Del Rio was awarded a total of $710,687.80.

This amount included $537,502.80 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses. An additional $12,685.00 was awarded to cover an outstanding medical bill.

The parties also stipulated to an amount sufficient to purchase an annuity contract for future benefits. Separately, the court awarded $160,500.00 in attorneys' fees and costs, finding the petition was brought in good faith and had a reasonable basis.

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