Vanessa Gonzalez v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2016)

Filed 2015-08-24Decided 2016-05-19Vaccine Influenza
compensated$112,000

Case summary [AI summaries can sometimes make mistakes]

On August 24, 2015, Vanessa Gonzalez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on September 16, 2013, caused her to develop Guillain-Barré Syndrome (GBS). Ms.

Gonzalez stated that the vaccination occurred in the United States, that she experienced symptoms of her injury for more than six months, and that she had not received prior compensation for this injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or significantly aggravated Ms.

Gonzalez's alleged injuries or any other injury, and denied that her current disabilities were the result of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation on April 4, 2016, agreeing to settle the case.

The stipulation stated that Vanessa Gonzalez would receive a lump sum of $112,000.00 as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The stipulation also noted that the parties would submit to further proceedings to award reasonable attorneys' fees and costs.

Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The decision was issued on May 19, 2016.

Petitioner's counsel was Danielle A. Strait of Maglio Christopher and Toale, PA.

Respondent's counsel was Darryl R. Wishard of the U.S.

Department of Justice.

Theory of causation

Vanessa Gonzalez received an influenza vaccine on September 16, 2013, in the United States. She alleged that this vaccine caused her to develop Guillain-Barré Syndrome (GBS), experiencing symptoms for more than six months. The respondent denied causation. The parties filed a joint stipulation agreeing to settle the case, with Ms. Gonzalez to receive a lump sum of $112,000.00 for all damages. The case was processed as a Table claim for GBS. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed clinical information regarding the onset or progression of Ms. Gonzalez's GBS. Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court on May 19, 2016. Petitioner's counsel was Danielle A. Strait; respondent's counsel was Darryl R. Wishard.

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