Cindy Scheiter v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2015)

Filed 2014-12-05Decided 2015-12-28Vaccine Influenza
compensated$5,000

Case summary [AI summaries can sometimes make mistakes]

Cindy Scheiter filed a petition on December 5, 2014, alleging that she developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on December 8, 2011. She further alleged that she experienced residual effects of the injury for more than six months.

The respondent denied that petitioner had GBS and denied that the flu vaccine caused her alleged injury or current condition. Nevertheless, the parties filed a joint stipulation on December 4, 2015, agreeing that a decision should be entered awarding compensation.

Special Master Thomas L. Gowen approved the stipulation, finding it reasonable.

Petitioner was awarded a lump sum of $5,000.00 for all damages available under the program. Separately, the parties stipulated to an award of $14,250.00 for attorneys' fees and costs, which Special Master Gowen also approved.

The clerk of the court was ordered to enter judgment in accordance with the terms of the stipulation. Petitioner was represented by Jeffrey S.

Pop of Jeffrey S. Pop & Associates, and respondent was represented by Lara A.

Englund of the United States Department of Justice.

Theory of causation

Petitioner Cindy Scheiter alleged that she developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on December 8, 2011, and experienced residual effects for more than six months. Respondent denied GBS and causation. The parties filed a joint stipulation for compensation, agreeing to an award of $5,000.00 for all damages. Attorneys' fees and costs were stipulated at $14,250.00. Special Master Thomas L. Gowen approved the stipulation and awarded the compensation and fees. The public decision does not describe the specific mechanism of causation, clinical details of the alleged GBS, expert testimony, or the specific terms of the damages award beyond the lump sum amount.

Source PDFs 2 total · 2 downloaded