Krista Schultz v. HHS - Influenza, Guillain-Barre Syndrome (2017)
Case summary [AI summaries can sometimes make mistakes]
Krista Schultz filed a petition for compensation under the National Vaccine Injury Compensation Program on December 26, 2013, alleging that she suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 4, 2012. She further alleged that her symptoms persisted for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Schultz's alleged GBS or any other injury, and denied that her current disabilities resulted from a vaccine-related injury.
Despite these denials, the parties filed a joint stipulation for damages on April 5, 2017, agreeing that Ms. Schultz should receive compensation.
Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court. The parties stipulated that Ms.
Schultz would receive a lump sum of $800,000.00, payable by check to the petitioner, representing compensation for all available damages. Judgment was to be entered accordingly, with the parties having jointly filed notice renouncing the right to seek review.
Franklin J. Caldwell, Jr. represented the petitioner, and Christine M.
Becer represented the respondent.
Theory of causation
Krista Schultz alleged that an influenza vaccine administered on October 4, 2012, caused her to suffer from Guillain-Barre Syndrome (GBS) with symptoms persisting for more than six months. The respondent denied causation. The parties entered into a joint stipulation for damages, agreeing to an award of $800,000.00 as a lump sum. The Special Master adopted the stipulation. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed medical evidence presented.
Source PDFs
USCOURTS-cofc-1_13-vv-01018