Giovanni Eustor v. HHS - Influenza, Guillain–Barré syndrome (2016)
Case summary [AI summaries can sometimes make mistakes]
Giovanni Eustor filed a petition on November 16, 2015, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that his receipt of an influenza vaccine on November 5, 2011, caused him to develop Guillain-Barré syndrome (GBS) and that he experienced residual effects of this injury for more than six months.
The Secretary of Health and Human Services denied that the flu vaccine caused Petitioner's alleged GBS or any other injury. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on November 10, 2015.
Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision for awarding damages.
The stipulation awarded Giovanni Eustor a lump sum of $92,500, representing compensation for all damages available under the Act. The Special Master approved this award and directed the clerk to enter judgment.
Petitioner was represented by Franklin J. Caldwell, Jr. of Maglio Christopher and Toale, PA, and Respondent was represented by Gordon E.
Shemin of the U.S. Department of Justice.
Theory of causation
Petitioner Giovanni Eustor alleged that his November 5, 2011, influenza vaccine caused Guillain-Barré syndrome (GBS) and residual effects lasting more than six months. Respondent denied causation. The parties settled via stipulation filed November 10, 2015, agreeing to an award of $92,500. Special Master Brian H. Corcoran adopted the stipulation, awarding the lump sum for all damages available under the Act. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_13-vv-00958