Cynthia Rae Torres v. HHS - MMR, Guillain-Barré Syndrome (“GBS”) (2016)

Filed 2015-11-09Decided 2016-01-04Vaccine MMR
compensated$105,000

Case summary [AI summaries can sometimes make mistakes]

Cynthia Rae Torres filed a petition on November 9, 2015, alleging that she developed Guillain-Barré Syndrome (GBS) as a result of receiving the rubella and tetanus-diphtheria-acellular pertussis (Tdap) vaccines on April 8, 2013. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused her GBS or any other injury.

The parties subsequently filed a stipulation of fact to resolve the case. Special Master Laura D.

Millman adopted the stipulation. On January 4, 2016, the Special Master issued a decision awarding Cynthia Rae Torres $105,000.00 in compensation for all damages.

This award was in the form of a check payable to the petitioner. Separately, on November 9, 2015, the parties filed a stipulation for attorneys' fees and costs, which Special Master Millman approved on November 9, 2015, awarding $25,000.00.

This amount was to be paid by check jointly to the petitioner and her counsel, Kennedy Berkley Yarnevich & Williamson, Chartered. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation.

Petitioner was represented by Larry G. Michel, and respondent was represented by Glenn A.

MacLeod.

Theory of causation

Petitioner Cynthia Rae Torres alleged that the rubella and Tdap vaccines administered on April 8, 2013, caused her to develop Guillain-Barré Syndrome (GBS). The respondent denied this allegation. The case was resolved via a stipulation of fact, and the Special Master adopted the terms of the stipulation. The public decision does not detail the specific theory of causation, medical experts, or evidence presented regarding the mechanism of injury. Compensation was awarded in the amount of $105,000.00 for damages and $25,000.00 for attorneys' fees and costs. Special Master Laura D. Millman issued the decisions on November 9, 2015 (fees) and January 4, 2016 (damages). Petitioner's counsel was Larry G. Michel, and respondent's counsel was Glenn A. MacLeod.

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