Jose Gabalda v. HHS - Influenza, Guillain-Barré syndrome (2016)

Filed 2015-08-19Decided 2016-07-14Vaccine Influenza
compensated$215,000

Case summary [AI summaries can sometimes make mistakes]

On August 19, 2015, Jose Gabalda filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on September 19, 2014, caused him to develop Guillain-Barré syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's GBS or any other injury.

The parties, Jose Gabalda and the Secretary of Health and Human Services, reached a joint stipulation for damages. The stipulation stated that Petitioner would receive a lump sum of $215,000.00 as compensation for all damages.

Special Master Lisa Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. Judgment was to be entered in accordance with the terms of the stipulation, as both parties waived their right to seek review.

Nancy Meyers represented the Petitioner, and Julia McInerny represented the Respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation

Petitioner Jose Gabalda alleged that an influenza vaccine administered on September 19, 2014, caused him to develop Guillain-Barré syndrome (GBS). Respondent denied causation. The parties reached a joint stipulation for damages, agreeing to an award of $215,000.00. Special Master Lisa Hamilton-Fieldman 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 of injury.

Source PDFs 2 total · 1 downloaded