Olga Molina v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2016)

Filed 2015-12-01Decided 2016-04-06Vaccine Influenza
compensated$145,000

Case summary [AI summaries can sometimes make mistakes]

Olga Molina filed a petition for compensation under the National Vaccine Injury Compensation Program on December 1, 2015, alleging that she suffered Guillain-Barre syndrome (GBS) as a result of an influenza vaccine she received on September 5, 2012. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury, and further denied that her current disabilities were a sequela of a vaccine-related injury.

Despite the respondent's denial, the parties filed a joint stipulation on November 30, 2015, agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court.

The parties stipulated that Olga Molina would receive a lump sum of $145,000.00, payable to petitioner, as compensation for all items of damages available under the Vaccine Act. The Chief Special Master approved the requested amount and directed the clerk to enter judgment in accordance with the decision, unless a motion for review was filed.

Petitioner's counsel was Lawrence R. Cohan of Anapol Weiss, and respondent's counsel was Glenn A.

MacLeod of the U.S. Department of Justice.

The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses.

Theory of causation

Petitioner Olga Molina alleged that she suffered Guillain-Barre syndrome (GBS) as a result of an influenza vaccine received on September 5, 2012. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded a lump sum of $145,000.00. The public decision does not specify the theory of causation, mention any experts, or detail the mechanism of injury. The case was resolved via stipulation.

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