Robert Ross v. HHS - Influenza, Guillain-Barré Syndrome (2015)

Filed 2013-12-03Decided 2015-06-19Vaccine Influenza
compensated$200,000

Case summary [AI summaries can sometimes make mistakes]

Robert Ross filed a petition under the National Vaccine Injury Compensation Program on December 3, 2013, alleging that he developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on October 18, 2012. He further alleged that he experienced residual effects from the injury for more than six months.

Respondent denied that the flu vaccine caused Mr. Ross's GBS.

However, the parties subsequently filed a joint stipulation for damages, agreeing that compensation should be awarded. Special Master Nora Beth Dorsey adopted the stipulation, awarding Mr.

Ross a lump sum of $200,000.00 for all damages. Petitioner was represented by Danielle A.

Strait of Maglio Christopher & Toale. Respondent was represented by Julia W.

McInerny of the United States Department of Justice. Later, on May 29, 2015, the parties filed a stipulation concerning attorneys' fees and costs.

They agreed to a total award of $13,411.27, which Special Master Dorsey also approved. This amount was to be paid jointly to petitioner and his attorney, Danielle A.

Strait. The case was resolved through these stipulations, with judgment entered accordingly.

Theory of causation

Petitioner Robert Ross alleged that an influenza vaccine administered on October 18, 2012, caused him to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties reached a settlement through a joint stipulation for damages, agreeing to an award of $200,000.00. A subsequent stipulation addressed attorneys' fees and costs, resulting in an additional award of $13,411.27. The public decision does not describe the specific medical or scientific theory of causation, the onset of symptoms, diagnostic tests, treatments, or expert testimony. The case was resolved by stipulation, with Special Master Nora Beth Dorsey approving the awards on March 25, 2015 (damages) and June 19, 2015 (fees and costs). Petitioner was represented by Danielle A. Strait and respondent by Julia W. McInerny.

Source PDFs 2 total · 2 downloaded