John Jastisan v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) and/or Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”) (2016)
Case summary [AI summaries can sometimes make mistakes]
John Jastisan filed a petition on August 10, 2016, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered from Guillain-Barré Syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of receiving an influenza vaccine on September 16, 2011, and that he experienced residual effects from this injury for more than six months.
The respondent denied that the flu vaccine caused his GBS, CIDP, or any other injury, and also denied that it caused a significant aggravation of any pre-existing GBS and/or CIDP. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on August 4, 2016.
Special Master Brian H. Corcoran reviewed the file and found the stipulation to be reasonable, adopting it as the decision.
The stipulation awarded John Jastisan a lump sum of $40,000.00, payable to Petitioner, as compensation for all damages available under the Act. Petitioner's counsel was Paul R.
Brazil of Muller Brazil, LLP. Respondent's counsel was Traci R.
Patton of the U.S. Department of Justice.
Theory of causation
Petitioner John Jastisan alleged that his September 16, 2011, influenza vaccine caused Guillain-Barré Syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), with residual effects lasting more than six months. Respondent denied causation and significant aggravation. The parties settled via stipulation, which Special Master Brian H. Corcoran adopted as his decision on September 12, 2016. The stipulation awarded Petitioner $40,000.00. The specific medical theory of causation, expert testimony, or mechanism of injury was not detailed in the public decision, as the case was resolved by stipulation. Petitioner was represented by Paul R. Brazil, and Respondent by Traci R. Patton.
Source PDFs
USCOURTS-cofc-1_13-vv-00937