Linda Vanslyke v. HHS - Influenza, Guillain-Barré Syndrome (2015)

Filed 2013-09-27Decided 2015-11-24Vaccine Influenza
compensated$270,000

Case summary [AI summaries can sometimes make mistakes]

Linda Vanslyke filed a petition on September 27, 2013, alleging that a trivalent influenza vaccine she received on October 8, 2010, caused her to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's GBS or any other injury, and further denied that her current disabilities were a sequela of a vaccine-related injury.

On May 29, 2015, the parties filed a joint stipulation to settle the case. Special Master Christian J.

Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $270,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Attorneys' fees and costs totaling $29,000.00 were awarded separately, payable to petitioner Linda Vanslyke and her attorney Clifford J. Shoemaker of Shoemaker and Associates.

Additionally, out-of-pocket expenses of $401.12 were awarded to petitioner Linda Vanslyke. The decision was issued on June 2, 2015.

A subsequent decision on November 24, 2015, finalized the award for attorneys' fees and costs. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation

Petitioner Linda Vanslyke alleged that a trivalent influenza vaccine received on October 8, 2010, caused Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation on May 29, 2015, which Special Master Christian J. Moran adopted as the Court's decision on June 2, 2015. Petitioner was awarded $270,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $29,000.00 and out-of-pocket expenses of $401.12 were awarded separately on November 24, 2015. The public decision does not detail the specific mechanism of injury, expert testimony, or medical evidence presented.

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