Shagufta Malik v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) (2016)
Case summary [AI summaries can sometimes make mistakes]
Shagufta Malik filed a petition on August 21, 2013, alleging that an influenza vaccine she received on October 15, 2010, caused her to develop Guillain-Barré Syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms.
Malik's GBS or any other injury. Despite these positions, both parties agreed to a joint stipulation filed on March 23, 2016, to settle the case.
Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
As part of the stipulation, Ms. Malik was awarded a lump sum of $150,000.00 as compensation for damages, separate from the reimbursement of a New Jersey Medicaid lien.
Additionally, she received $26,565.18 to reimburse the New Jersey Medicaid lien. Both amounts were awarded as damages under 42 U.S.C. § 300aa-15(a).
The decision does not describe the onset of symptoms, specific medical tests, or treatments. The public decision does not name petitioner's counsel or respondent's counsel, nor does it detail the specific medical experts or the mechanism of causation.
The stipulation states that it represents a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, and is not an admission by the United States or the Secretary that the flu vaccine caused petitioner's GBS or any other injury.
Theory of causation
Shagufta Malik alleged that an influenza vaccine received on October 15, 2010, caused her to develop Guillain-Barré Syndrome (GBS). The respondent denied causation. The parties entered into a joint stipulation on March 23, 2016, agreeing to settle the case. Special Master Christian J. Moran adopted the stipulation as the decision. The award included a lump sum of $150,000.00 for compensation and $26,565.18 for reimbursement of a New Jersey Medicaid lien, totaling $176,565.18, awarded under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific mechanism of causation, medical experts, or clinical findings. Attorneys for petitioner were F. John Caldwell of Maglio, Christopher & Toale, PA, and for respondent was Traci Patton of the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_13-vv-00595