M.M. v. HHS - Influenza, Guillain Barre Syndrome (“GBS”) (2016)

Filed 2015-10-07Decided 2016-08-05Vaccine Influenza
compensated$125,000

Case summary [AI summaries can sometimes make mistakes]

On October 7, 2015, M.M., a minor, by and through her parent and natural guardian Lacy Miron, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that M.M. suffered Guillain Barre Syndrome (GBS) caused by her September 24, 2014 influenza vaccination.

The petition further stated that M.M. experienced residual effects of her injury lasting at least six months and that there had been no prior award or settlement of a civil action for damages as a result of the alleged GBS. The respondent denied that M.M.'s alleged injuries were caused-in-fact by the vaccination.

Nevertheless, on June 23, 2016, the parties filed a joint stipulation for damages. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court.

M.M. was awarded $125,000.00 as compensation for all items of damages, payable by check to petitioner as guardian/conservator of the estate of M.M. for the benefit of M.M. The public decision does not describe the specific onset of symptoms, clinical details of the GBS, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccine allegedly caused the GBS.

Petitioner's counsel was Maximillian Muller of Muller Brazil, LLP, and respondent's counsel was Alexis Babcock of the U.S. Department of Justice.

Theory of causation

Petitioner alleged that M.M. suffered Guillain Barre Syndrome (GBS) caused by her September 24, 2014 influenza vaccination, with residual effects lasting at least six months. Respondent denied causation. The parties filed a joint stipulation for damages, and the case was resolved by decision on June 23, 2016, by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $125,000.00 for all items of damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, as the case was settled via stipulation.

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