Debra Passantino v. HHS - Influenza, Guillain-Barré Syndrome (2015)
Case summary [AI summaries can sometimes make mistakes]
On February 18, 2014, Debra Passantino filed a Vaccine Program petition alleging that an influenza vaccine received on or about October 29, 2012 caused Guillain-Barre Syndrome. She also alleged that the residual effects of the injury lasted more than six months.
The compensation decision was entered on a joint stipulation and does not describe onset, hospitalization, neurologic testing, treatment, or expert analysis. Respondent denied that the flu vaccination caused Passantino's GBS or any other injury, and also denied that her current disabilities were sequelae of a vaccine-related injury.
On May 12, 2015, the parties filed a stipulation agreeing that compensation should be awarded. Special Master Thomas L.
Gowen found the stipulation reasonable and adopted it on May 13, 2015. Passantino was awarded a lump sum of $150,000.00, payable to her, representing all damages available under section 15(a).
A separate August 13, 2015 decision addressed attorney fees and costs and did not change the injury-compensation award. Passantino was represented by Gary A.
Newland of Newland & Newland, LLP.
Theory of causation
Influenza vaccine (on or about October 29, 2012) alleged to cause Guillain-Barre Syndrome with residual effects for more than six months. COMPENSATED by joint stipulation. Respondent denied that the flu vaccine caused GBS or any other injury and denied that current disabilities were vaccine-related sequelae; public stipulation decision gives limited clinical facts. Special Master Thomas L. Gowen adopted the compensation stipulation on May 13, 2015. Award: $150,000.00 lump sum payable to Debra Passantino for all section 15(a) damages. Attorney: Gary A. Newland, Newland & Newland, LLP, Arlington Heights, IL.
Source PDFs
USCOURTS-cofc-1_14-vv-00130