Juanita Burgess v. HHS - Influenza, Guillain-Barré Syndrome (2014)
Case summary [AI summaries can sometimes make mistakes]
Juanita Burgess filed a petition on November 4, 2011, alleging that an influenza vaccination she received on November 6, 2008 caused her to develop Guillain-Barré syndrome (GBS). On June 11, 2014, respondent filed a joint stipulation.
Respondent denied that the influenza vaccine caused petitioner to suffer from GBS or any other injury or her current condition. Nonetheless, the parties agreed to resolve the case through stipulation, and Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court.
Petitioner received: a lump sum of $372,095.29, representing compensation for year-one life care expenses ($127,714.07) and pain and suffering ($244,381.22), payable to petitioner Juanita Burgess; a lump sum of $70,589.91 representing reimbursement of an Arizona Medicaid lien, payable jointly to petitioner and Recovery Management Systems; and an amount sufficient to purchase an annuity providing future life care payments. On November 3, 2014, respondent filed a stipulation for attorneys' fees and costs.
Special Master Moran awarded $72,577.22, payable jointly to petitioner and her counsel, Jay A. Bansal of the Law Offices of Jay A.
Bansal. Petitioner had not personally incurred any out-of-pocket litigation expenses.
Theory of causation
Flu Nov 6, 2008 → GBS. Joint stipulation June 11, 2014; respondent denied causation; SM Moran. $372,095.29 lump (life care $127,714.07 + P&S $244,381.22) + $70,589.91 AZ Medicaid lien (Recovery Management) + annuity. Fees $72,577.22 (Bansal).
Source PDFs
USCOURTS-cofc-1_11-vv-00739