VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00356 Package ID: USCOURTS-cofc-1_15-vv-00356 Petitioner: Rosa Hernandez Filed: 2015-04-09 Decided: 2016-08-02 Vaccine: influenza Vaccination date: 2012-10-24 Condition: Guillain-Barre Syndrome (GBS), with residual effects lasting more than six months Outcome: compensated Award amount USD: 135000 AI-assisted case summary: 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 field: 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. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00356-0 Date issued/filed: 2016-08-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 7/12/16) regarding 35 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00356-UNJ Document 39 Filed 08/02/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * ROSA HERNANDEZ, * No. 15-356V * Special Master Christian J. Moran Petitioner, * * v. * * Filed: July 12, 2016 SECRETARY OF HEALTH * AND HUMAN SERVICES, * Stipulation; Influenza vaccine; * GBS. Respondent. * * * * * * * * * * * * * * * * * * * * * * * * Danielle A. Strait, Maglio Christopher and Toale, PA (DC), Washington, DC, for Petitioner; Douglas Ross, U.S. Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On July 11, 2016, the parties filed a joint stipulation concerning the petition for compensation filed by Rosa Hernandez on April 9, 2015. In her petition, petitioner alleged that the influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which Rosa Hernandez received on or about October 24, 2012, caused her to develop Guillain-Barre Syndrome (GBS), with residual effects lasting more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:15-vv-00356-UNJ Document 39 Filed 08/02/16 Page 2 of 7 Respondent denies that any of the vaccines that petitioner received either caused or significantly aggravated petitioner’s GBS or any other injury or condition. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum payment of $135,000.00 in the form of a check payable to petitioner, Rosa Hernandez. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 15-356V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357- 6360. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:15-vv-00356-UNJ Document 39 Filed 08/02/16 Page 3 of 7 Case 1:15-vv-00356-UNJ Document 39 Filed 08/02/16 Page 4 of 7 Case 1:15-vv-00356-UNJ Document 39 Filed 08/02/16 Page 5 of 7 Case 1:15-vv-00356-UNJ Document 39 Filed 08/02/16 Page 6 of 7 Case 1:15-vv-00356-UNJ Document 39 Filed 08/02/16 Page 7 of 7