Irene Akahi v. HHS - Influenza, Guillain-Barre Syndrome (2016)

Filed 2016-03-21Decided 2016-05-13Vaccine Influenza
compensated$95,114

Case summary [AI summaries can sometimes make mistakes]

Irene Akahi filed a petition on March 21, 2016, seeking compensation under the National Vaccine Injury Compensation Program. Ms.

Akahi alleged that she developed Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination she received on November 26, 2013. She further alleged that her vaccine-related injuries lasted more than six months.

The petition stated that neither she nor any other party had brought an action or received an award or settlement for her injuries. The respondent, the Secretary of Health and Human Services, denied that the influenza immunization caused petitioner's alleged GBS or any other injury or condition.

Despite the respondent's denial, the parties filed a joint stipulation for damages on March 18, 2016. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

The stipulation provided for compensation to Ms. Akahi totaling $95,114.61.

This amount included a lump sum of $95,000.00 payable to Ms. Akahi and a lump sum of $114.61 to reimburse a Medicaid lien, payable jointly to Ms.

Akahi and the State of Nevada, Department of Health and Human Services. This award was intended to compensate for all damages available under the Vaccine Act.

The decision was issued on May 13, 2016. Petitioner was represented by Anne Carrion Toale of Maglio, Christopher, and Toale, and respondent was represented by Sarah Christina Duncan of the U.S.

Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation.

Theory of causation

Petitioner Irene Akahi alleged that her November 26, 2013, influenza vaccination caused her to develop Guillain-Barre Syndrome (GBS), with injuries lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $95,114.61, comprising $95,000.00 to petitioner and $114.61 for a Medicaid lien. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. The award was based on a stipulation, not a finding of causation after litigation. Decision date: May 13, 2016. Attorneys: Anne Carrion Toale for petitioner; Sarah Christina Duncan for respondent.

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