Margo Bryk v. HHS - Influenza, Guillain-Barre Syndrome (2014)

Filed 2012-05-07Decided 2014-03-31Vaccine Influenza
compensated$140,000

Case summary [AI summaries can sometimes make mistakes]

Margo Bryk filed a petition for compensation under the National Vaccine Injury Compensation Program on May 7, 2012. Petitioner alleged that she received an influenza vaccination on September 10, 2009, and subsequently developed Guillain-Barre Syndrome (GBS) with residual effects lasting more than six months.

The respondent denied that the flu vaccine caused petitioner's GBS or any other injury. However, both parties reached a joint stipulation to settle the case, which was filed on March 6, 2014.

Chief Special Master Denise Kathryn Vowell reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. As part of the settlement, petitioner Margo Bryk was awarded a lump sum of $140,000.00, payable by check, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The public decision does not describe the specific onset of symptoms, clinical details of the GBS, diagnostic tests performed, treatments received, or the specific mechanism of causation. Petitioner was represented by Isaiah Kalinowski, Esq., of Maglio, Christopher & Toale.

Respondent was represented by Julia W. McInerny, Esq., of the U.S.

Department of Justice.

Theory of causation

Petitioner Margo Bryk alleged that an influenza vaccination received on September 10, 2009, caused her to develop Guillain-Barre Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation on March 6, 2014, agreeing to settle the case. Chief Special Master Denise Kathryn Vowell adopted the stipulation, awarding petitioner $140,000.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific medical theory of causation, expert testimony, or the mechanism by which the vaccine allegedly caused the GBS. Petitioner's counsel was Isaiah Kalinowski, Esq., and respondent's counsel was Julia W. McInerny, Esq. The decision date was March 31, 2014.

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