Patricia Trujillo v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) (2015)
Case summary [AI summaries can sometimes make mistakes]
Patricia Trujillo filed a petition on August 1, 2014, alleging that the influenza vaccine she received on January 14, 2013, caused her to suffer from Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms.
Trujillo's GBS or any other injury. Despite the denial, the parties reached a stipulation for compensation.
Special Master Christian J. Moran adopted the stipulation, awarding Ms.
Trujillo a lump sum of $130,000.00 for all damages. Subsequently, on June 18, 2015, petitioner filed a stipulation for attorneys' fees and costs.
Respondent did not object to the requested amount of $18,290.00. The Special Master awarded this amount for attorneys' fees and litigation costs, bringing the total compensation to $148,290.00.
Petitioner was represented by Isaiah Kalinowski of Maglio, Christopher & Toale, and respondent was represented by Alexis Babcock of the United States Department of Justice.
Theory of causation
Petitioner Patricia Trujillo alleged that the influenza vaccine received on January 14, 2013, caused Guillain-Barré Syndrome (GBS), which is listed in the Vaccine Injury Table. Petitioner further alleged residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Christian J. Moran. Petitioner was awarded a lump sum of $130,000.00 for damages and $18,290.00 for attorneys' fees and costs, totaling $148,290.00. Petitioner was represented by Isaiah Kalinowski, and respondent by Alexis Babcock. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed clinical information regarding the onset, symptoms, tests, or treatments.
Source PDFs
USCOURTS-cofc-1_14-vv-00692