Michelene Falsini v. HHS - Influenza, Guillain-Barré Syndrome (2016)
Case summary [AI summaries can sometimes make mistakes]
Michelene Falsini filed a petition on August 29, 2014, alleging that an influenza vaccine administered on November 14, 2011, caused her to develop Guillain-Barré Syndrome (GBS). The petition was filed pursuant to the National Vaccine Injury Compensation Program.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's condition or any other injury, and further denied that Petitioner's current disabilities were sequelae of a vaccine-related injury. However, on February 1, 2016, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.
Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Michelene Falsini was awarded a total of $100,000. This amount included a lump sum of $7,660.02 to reimburse a Commonwealth of Massachusetts Medicaid lien, payable jointly to Petitioner and the Commonwealth of Massachusetts, with Petitioner agreeing to endorse the check to the appropriate state agency.
The remaining $92,339.98 was awarded as a lump sum payable to Petitioner, representing all remaining damages. Judgment was to be entered in accordance with the terms of the stipulation.
Theory of causation
Petitioner Michelene Falsini alleged that an influenza vaccine administered on November 14, 2011, caused her to develop Guillain-Barré Syndrome (GBS). The respondent denied causation and sequelae. The parties filed a joint stipulation for compensation, which was adopted by Special Master Lisa Hamilton-Fieldman. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The award was $100,000, consisting of $7,660.02 for a Medicaid lien and $92,339.98 for all remaining damages. Decision date: February 26, 2016. Petitioner's counsel: Elizabeth M. Muldowney. Respondent's counsel: Michael P. Milmoe.
Source PDFs
USCOURTS-cofc-1_14-vv-00789