Darlene Hehl v. HHS - Influenza, Miller Fisher variant of Guillain-Barré syndrome (2014)
Case summary [AI summaries can sometimes make mistakes]
Darlene Hehl filed a petition on February 19, 2013, alleging that an influenza (flu) vaccination she received on October 18, 2011, caused her to develop the Miller Fisher variant of Guillain-Barré syndrome (GBS). She further alleged that she experienced residual effects of this injury for more than six months.
The respondent denied that the flu vaccine caused petitioner's GBS or any other injury. However, on October 1, 2014, both parties filed a joint stipulation to settle the case.
Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $120,000.00, payable to her, as compensation for all damages available under 42 U.S.C. § 300aa-15(a).
Danielle Anne Strait of Maglio Christopher and Toale, PA, represented the petitioner, and Julia Wernett McInerny of the United States Department of Justice represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses.
Theory of causation
Petitioner Darlene Hehl alleged that an influenza vaccine administered on October 18, 2011, caused her to develop the Miller Fisher variant of Guillain-Barré syndrome (GBS), with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation on October 1, 2014, and Special Master Nora Beth Dorsey adopted it as the decision. Petitioner was awarded $120,000.00. Attorneys for petitioner were Danielle Anne Strait and colleagues from Maglio Christopher and Toale, PA. Attorney for respondent was Julia Wernett McInerny. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement.
Source PDFs
USCOURTS-cofc-1_13-vv-00127