Ricardo Galinato v. HHS - Influenza, Guillain-Barré Syndrome (2016)
Case summary [AI summaries can sometimes make mistakes]
Ricardo Galinato filed a petition on September 30, 2016, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on November 15, 2012, and that he experienced residual effects from the injury for more than six months.
The respondent denied that the vaccine caused Petitioner's alleged injuries or any other condition. Despite these positions, both parties agreed to settle the case through a stipulation filed on September 30, 2016.
Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision for awarding damages.
The stipulation awarded Ricardo Galinato a lump sum of $280,000.00, payable to Petitioner, intended to compensate for all damages available under the National Vaccine Injury Compensation Program. The decision was finalized on November 17, 2016.
Petitioner was represented by Danielle A. Strait of Maglio, Christopher, and Toale, PA, and Respondent was represented by Alexis B.
Babcock 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 specific mechanism of causation.
Theory of causation
Petitioner Ricardo Galinato alleged that his November 15, 2012, influenza vaccine caused Guillain-Barré Syndrome (GBS) and residual effects lasting more than six months. Respondent denied causation. The parties reached a settlement via stipulation, which was adopted by Special Master Brian H. Corcoran. The stipulation awarded Petitioner a lump sum of $280,000.00 for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS. Attorneys for Petitioner were Danielle A. Strait, Maglio, Christopher, and Toale, PA, and for Respondent was Alexis B. Babcock, U.S. Dep’t of Justice. Decision date was November 17, 2016.
Source PDFs
USCOURTS-cofc-1_15-vv-00928