Rosa Hernandez v. HHS - Influenza, Guillain-Barre Syndrome (GBS), with residual effects lasting more than six months (2016)
Case summary [AI summaries can sometimes make mistakes]
Rosa Hernandez filed a petition on April 9, 2015, alleging that the influenza vaccine she received on or about October 24, 2012, caused her to develop Guillain-Barre Syndrome (GBS) with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated her condition.
The parties subsequently filed a joint stipulation for compensation. Special Master Christian J.
Moran found the stipulation reasonable and adopted it as the court's decision. Rosa Hernandez was awarded a lump sum payment of $135,000.00, payable to her, as compensation for all damages.
The decision was filed on August 2, 2016. Petitioner counsel was Danielle A.
Strait of Maglio Christopher and Toale, PA. Respondent counsel was Douglas Ross of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, clinical details, or expert testimony.
Theory of causation
Petitioner Rosa Hernandez alleged that the influenza vaccine received on or about October 24, 2012, caused Guillain-Barre Syndrome (GBS) with residual effects lasting more than six months. The vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Christian J. Moran. The award was a lump sum of $135,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings.
Source PDFs
USCOURTS-cofc-1_15-vv-00356