Joseph Lee Duran v. HHS - Influenza, Guillain Barre Syndrome (2015)
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.
Theory of causation
Petitioner Joseph Lee Duran alleged that an influenza vaccine administered on November 12, 2013, caused Guillain Barre Syndrome (GBS). Respondent denied causation. The parties reached a joint stipulation to settle the case. The public decision does not detail the specific theory of causation, expert testimony, or the mechanism by which the vaccine allegedly caused the GBS. The settlement award included $8,266.77 for a Medicaid lien, $335,000.00 for damages, and $18,625.16 for attorneys' fees and costs. The decision was issued by Chief Special Master Nora Beth Dorsey on November 13, 2015. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Claudia Gangi.
Source PDFs
USCOURTS-cofc-1_14-vv-00885