Bridget Bartsch v. HHS - Influenza, Guillain-Barre Syndrome (“GBS”) and/or Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”) (2016)

Filed 2013-08-02Decided 2016-01-05Vaccine Influenza
compensated$581,357

Case summary [AI summaries can sometimes make mistakes]

Bridget Bartsch filed a petition on August 2, 2013, alleging that an influenza (flu) vaccination she received on August 10, 2010 caused her to develop Guillain-Barré Syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) and that she experienced the residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner's GBS and/or CIDP or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed November 18, 2015 to settle the case. Special Master Roth found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $581,357.00, representing compensation for first-year life care plan expenses ($56,357.00), pain and suffering ($175,000.00), and lost wages and past unreimbursable expenses ($350,000.00), plus an amount sufficient to purchase an annuity contract covering future life care needs. The parties subsequently agreed to attorneys' fees and costs of $42,689.52, payable jointly to petitioner and her counsel, Scott B.

Taylor of Urban and Taylor, S.C. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation

Flu Aug 10, 2010 → GBS and/or CIDP (residual >6 months). Joint stipulation Nov 18, 2015; SM Roth. Comp lump sum $581,357 (Year 1 life care $56,357 + pain/suffering $175,000 + lost wages/past unreimbursable $350,000) + annuity. Fees $42,689.52 (Taylor, Urban and Taylor SC, Milwaukee WI).

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