Jihyun Park v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2016)
Case summary [AI summaries can sometimes make mistakes]
Jihyun Park filed a petition on September 4, 2014, alleging Guillain-Barré syndrome (GBS) resulting from an influenza vaccine received on September 10, 2013. The petition also alleged that her vaccine-related injuries lasted more than six months.
The respondent denied that the influenza vaccination caused petitioner's GBS or any other injury or condition. The parties reached a settlement, and on September 21, 2015, a joint stipulation was filed agreeing to settle the case.
Respondent agreed to pay petitioner a lump sum of $260,000.00, representing compensation for all damages available under the Vaccine Act. Chief Special Master Nora Beth Dorsey adopted the stipulation and awarded this compensation.
Subsequently, on December 18, 2015, the parties filed a stipulation regarding attorneys' fees and costs, agreeing to an award of $18,900.91. On May 2, 2016, Chief Special Master Nora Beth Dorsey issued a decision awarding these fees and costs, making the total compensation $278,900.91.
Petitioner was represented by Amber Wilson of Maglio Christopher and Toale, PA, and respondent was represented by Camille Collett of the U.S. Department of Justice.
Theory of causation
Jihyun Park alleged Guillain-Barré syndrome (GBS) resulting from an influenza vaccine received on September 10, 2013. The respondent denied causation. The parties reached a settlement, and a decision awarding compensation was issued on September 21, 2015, for a lump sum of $260,000.00. Subsequently, on December 18, 2015, the parties filed a stipulation regarding attorneys' fees and costs, agreeing to an award of $18,900.91. The Chief Special Master issued a decision on May 2, 2016, awarding these fees and costs, making the total compensation $278,900.91. The specific medical theory of causation, expert testimony, or mechanism of injury was not detailed in the provided public decisions, as the case was resolved by stipulation. Petitioner was represented by Amber Wilson, and respondent by Camille Collett. Chief Special Master Nora Beth Dorsey presided over the decisions.
Source PDFs
USCOURTS-cofc-1_14-vv-00815