Mirsa Joosten v. HHS - Influenza, Guillain-Barré Syndrome (GBS) and Bell's Palsy (2016)

Filed 2015-11-18Decided 2016-11-01Vaccine Influenza
compensated$75,000

Case summary [AI summaries can sometimes make mistakes]

Mirsa Joosten filed a petition for compensation under the National Vaccine Injury Compensation Program on November 18, 2015. She alleged that an influenza vaccine received on or about September 17, 2014, caused her to develop Guillain-Barré Syndrome (GBS) and Bell's Palsy.

Ms. Joosten stated the vaccine was administered in the United States and that she experienced residual effects from her injuries for more than six months.

She also confirmed no prior award or settlement for her condition. The respondent denied that the flu vaccine caused her alleged injuries.

Despite the respondent's denial, the parties filed a joint stipulation on August 19, 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.

Ms. Joosten was awarded a lump sum of $75,000.00, payable to her, representing compensation for all items of damages available under the Vaccine Act.

Petitioner's counsel was John R. Howie, Jr. of Howie Law, P.C., and respondent's counsel was Amy P.

Kokot of the U.S. Department of Justice.

Theory of causation

Mirsa Joosten alleged that an influenza vaccine administered on or about September 17, 2014, caused her to develop Guillain-Barré Syndrome (GBS) and Bell's Palsy. The respondent denied causation. The parties filed a joint stipulation agreeing to an award of compensation. The public decision does not describe the specific theory of causation, medical experts, clinical details of the alleged injuries, or the mechanism of injury. The Special Master adopted the stipulation, awarding $75,000.00 as compensation for all damages. The decision was made by Chief Special Master Nora Beth Dorsey on November 1, 2016, based on a joint stipulation filed August 19, 2016. Petitioner was represented by John R. Howie, Jr., and respondent by Amy P. Kokot.

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