Eileen Goeschel v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) (2014)

Filed 2013-03-19Decided 2014-05-01Vaccine Influenza
compensated$150,106

Case summary [AI summaries can sometimes make mistakes]

Eileen Goeschel filed a petition on March 19, 2013, alleging that an influenza vaccine she received on November 29, 2011, caused her to develop Guillain-Barré Syndrome (GBS). The respondent denied that the flu vaccine caused petitioner's GBS or any other injury.

The parties, however, agreed to a joint stipulation filed on April 8, 2014, to settle the case. Special Master Christian J.

Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The decision awarded compensation in the form of a lump sum of $150,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a).

Additionally, petitioner received $106.04 for out-of-pocket expenses incurred in proceeding with the petition. Attorneys' fees and costs totaling $24,921.60 were awarded jointly to petitioner and her counsel, Danielle A.

Strait of Maglio Christopher & Toale, PA. The public decision does not describe the onset of symptoms, specific medical tests, or treatments.

The stipulation explicitly states that it is not an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged GBS or any other injury.

Theory of causation

Petitioner Eileen Goeschel alleged that an influenza vaccine received on November 29, 2011, caused her to develop Guillain-Barré Syndrome (GBS). Respondent denied causation. The parties entered into a joint stipulation on April 8, 2014, to settle the case. Special Master Christian J. Moran adopted the stipulation as the Court's decision. The award included a lump sum of $150,000.00 for damages under 42 U.S.C. § 300aa-15(a), $106.04 for out-of-pocket expenses, and $24,921.60 for attorneys' fees and costs, jointly payable to petitioner and her counsel, Danielle A. Strait of Maglio Christopher & Toale, PA. The stipulation explicitly stated it was not an admission of causation. The public text does not detail the specific medical mechanism or expert testimony.

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