Naomi Yanagawa v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2016)
Case summary [AI summaries can sometimes make mistakes]
Naomi Yanagawa filed a petition for compensation under the National Vaccine Injury Compensation Program on November 13, 2015, alleging she suffered from Guillain-Barre syndrome (GBS) following an influenza vaccination on November 16, 2012. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or significantly aggravated petitioner's alleged injuries or any other injury, and denied that petitioner's current disabilities were the result of a vaccine-related injury.
Despite these denials, the parties filed a joint stipulation on June 27, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.
The stipulation provided for a lump sum payment of $187,000.00, payable to petitioner, representing compensation for all items of damages available under the Vaccine Act. Petitioner was represented by Leah Durant of the Law Offices of Leah V.
Durant, PLLC, and respondent was represented by Darryl Wishard of the U.S. Department of Justice.
The decision was based on this joint stipulation for damages, resolving the case through settlement.
Theory of causation
Petitioner Naomi Yanagawa received an influenza vaccine on November 16, 2012. She alleged that she suffered from Guillain-Barre syndrome (GBS) as a result of this vaccination, and that symptoms persisted for more than six months. The respondent denied causation. The parties entered into a joint stipulation for damages, agreeing to a settlement award. The Special Master adopted the stipulation. The case was resolved under the "Table" theory of causation, as GBS is a condition listed in the Vaccine Injury Table. Petitioner was awarded $187,000.00 as a lump sum. Petitioner was represented by Leah Durant, and respondent was represented by Darryl Wishard. Chief Special Master Nora Beth Dorsey issued the decision on August 16, 2016, based on the joint stipulation.
Source PDFs
USCOURTS-cofc-1_15-vv-01376