Jorge Antonio Durand v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2018)

On October 8, 2015, Juana Olga Durand, as personal representative of the Estate of Jorge Antonio Durand, filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that Mr.

Durand received an influenza vaccine on September 10, 2013, and subsequently developed Guillain-Barre Syndrome (GBS). It was further alleged that Mr.

Durand's death on April 6, 2014, was a sequela of this alleged vaccine-related injury. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Mr.

Durand's alleged GBS, any other injury, or his death. The parties reached a joint stipulation to settle the case, agreeing that compensation should be awarded.

Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court.

The stipulation awarded a lump sum of $375,000.00, payable to petitioner as the legal representative of the Estate of Jorge Antonio Durand, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The stipulation noted that both parties maintained their original positions regarding causation but agreed to settle the matter.

The decision was issued on July 27, 2018. Petitioner was represented by Leah Durant of the Law Offices of Leah V.

Durant, and respondent was represented by Claudia Gangi of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details of Mr.

Durand's condition, diagnostic tests performed, or treatments received. The specific mechanism of causation was not detailed in the public decision.