Rebecca C. Arana v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) and Lambert Eaton Myasthenic Syndrome (“LEMS”) (2017)
Case summary [AI summaries can sometimes make mistakes]
Annette Dominguez and Lydia Fazekas, as personal representatives of the Estate of Rebecca C. Arana, filed a petition on March 13, 2017, alleging that an influenza vaccine administered on October 5, 2012, caused Ms.
Arana to develop Guillain-Barré Syndrome (GBS) and Lambert Eaton Myasthenic Syndrome (LEMS). They further alleged that Ms.
Arana's death was a sequela of these conditions. The respondent denied that the flu vaccine caused Ms.
Arana's death or any other injury. However, the parties filed a joint stipulation agreeing to an award of compensation.
The stipulation stated that Petitioners would receive $175,000.00 as a lump sum for all damages. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court.
Judgment was to be entered in accordance with the stipulation, with the parties having waived their right to seek review. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.
Petitioner counsel was Jeffrey S. Pop, and respondent counsel was Gordon E.
Shemin.
Theory of causation
Petitioners alleged that an influenza vaccine administered on October 5, 2012, caused Rebecca C. Arana to develop Guillain-Barré Syndrome (GBS) and Lambert Eaton Myasthenic Syndrome (LEMS), and that her subsequent death was a sequela of these conditions. Respondent denied causation. The parties filed a joint stipulation for compensation, agreeing to an award of $175,000.00. Special Master Herbrina Sanders adopted the stipulation as the decision of the Court. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the alleged injuries and death.
Source PDFs
USCOURTS-cofc-1_15-vv-00280