Joseph Lee Duran v. HHS - Influenza, Guillain Barre Syndrome (2015)

Filed 2014-09-22Decided 2015-10-02Vaccine Influenza
compensated$343,266

Case summary [AI summaries can sometimes make mistakes]

Joseph Lee Duran filed a petition for compensation under the National Vaccine Injury Compensation Program on October 2, 2015, alleging that an influenza vaccination on November 12, 2013, caused him to suffer from Guillain Barre Syndrome (GBS). He claimed residual effects for more than six months and no prior award or settlement.

The respondent denied that the flu vaccine caused his GBS or any other injury. Despite the denial, the parties filed a joint stipulation to settle the case.

The settlement included a lump sum of $8,266.77 to satisfy a Medicaid lien payable to petitioner and Optum, $335,000.00 for remaining damages payable to petitioner, and $18,625.16 for attorneys' fees and costs payable jointly to petitioner and petitioner's attorney, Jeffrey S. Pop.

Chief Special Master Nora Beth Dorsey adopted the stipulation and awarded compensation accordingly. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of causation.

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