Darka Raicevic v. HHS - Influenza, Guillain-Barré syndrome (2016)
Case summary [AI summaries can sometimes make mistakes]
Darka Raicevic, an adult, filed a petition on May 5, 2016, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine she received on September 30, 2013. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms.
Raicevic's GBS or any other injury. The parties reached a stipulation to resolve the case, which the Special Master adopted.
The decision details the compensation awarded based on this stipulation. A lump sum of $415,295.04 was awarded to Ms.
Raicevic, covering first-year life care expenses ($102,469.31), lost earnings ($72,000.00), pain and suffering ($239,827.85), and past unreimbursable expenses ($997.88). Additionally, a lump sum of $191,365.89 was awarded to reimburse a lien for services rendered on behalf of Ms.
Raicevic, payable jointly to Ms. Raicevic and the Department of Health Care Services.
Ms. Raicevic agreed to endorse this check to the State.
The award also included an amount sufficient to purchase an annuity contract, paid to the life insurance company. The total compensation awarded was $606,660.93.
The Special Master was Laura D. Millman.
Petitioner's counsel was Lisa A. Roquemore, and respondent's counsel was Gordon E.
Shemin. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner Darka Raicevic alleged that an influenza vaccine administered on September 30, 2013, caused her to develop Guillain-Barré syndrome (GBS). Respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation, awarding compensation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The award included a lump sum of $415,295.04 for life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, a lump sum of $191,365.89 for lien reimbursement, and an amount for an annuity, totaling $606,660.93. Special Master Laura D. Millman issued the decision on May 5, 2016. Petitioner was represented by Lisa A. Roquemore, and respondent by Gordon E. Shemin.
Source PDFs
USCOURTS-cofc-1_14-vv-00554