Theresa Rosa v. HHS - Influenza, Guillan-Barré syndrome, acute renal failure, and Wegener’s Granulomatosis (2017)

Filed 2014-09-22Decided 2017-04-19Vaccine Influenza
compensated$100,000

Case summary [AI summaries can sometimes make mistakes]

Theresa Rosa filed a petition for compensation under the National Vaccine Injury Compensation Program on September 22, 2014, alleging that an influenza vaccine received on September 27, 2011, caused her to suffer Guillan-Barré syndrome (GBS), acute renal failure, and Wegener’s Granulomatosis. The respondent denied that the flu vaccine caused these conditions or any sequelae.

Despite the denial, the parties filed a joint stipulation recommending an award of compensation. The stipulation stated that petitioner would receive a lump sum of $100,000.00, representing all damages available under the Vaccine Act.

The Special Master found the stipulation reasonable, adopted it as the decision of the Court, and directed the Clerk of the Court to enter judgment in accordance with the stipulation. The case was thus compensated.

The public decision does not describe the petitioner's counsel, respondent's counsel, the specific onset of symptoms, medical history, diagnostic tests, treatments, or any expert witnesses. The decision also does not detail the specific mechanism of causation.

Theory of causation

Petitioner Theresa Rosa alleged that an influenza vaccine administered on September 27, 2011, caused Guillan-Barré syndrome (GBS), acute renal failure, and Wegener’s Granulomatosis. The respondent denied causation. The parties filed a joint stipulation for compensation, agreeing to an award of $100,000.00, representing all damages available under the Vaccine Act. Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court. The theory of causation is described as 'Off-Table' in the provided data, and the public decision does not detail the specific medical mechanism or expert testimony supporting the claim. Attorneys involved were Jeffrey S. Pop for the petitioner and Michael Patrick Milmoe for the respondent. The decision date was April 19, 2017.

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