Jeff Cardello v. HHS - Influenza, Guillain-Barré syndrome (2016)

Filed 2016-04-13Decided 2016-05-24Vaccine Influenza
compensated$140,401

Case summary [AI summaries can sometimes make mistakes]

Jeff Cardello filed a petition for compensation under the National Vaccine Injury Compensation Program on April 13, 2016. He alleged that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on January 13, 2013, and that he experienced residual effects of this injury for more than six months.

The respondent denied that the flu immunization caused petitioner's GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on April 12, 2016, agreeing that a decision should be entered awarding compensation.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Mr.

Cardello was awarded a lump sum of $140,401.20, representing compensation for all items of damages available under the Vaccine Act. The decision was based on this joint stipulation for damages.

Petitioner's counsel was Andrew Donald Downing of Van Cott & Talamante, PLLC, and respondent's counsel was Gordon Elliot Shemin of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation

Petitioner Jeff Cardello alleged that an influenza vaccine received on January 13, 2013, caused Guillain-Barré syndrome (GBS) and residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $140,401.20. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was settled via stipulation.

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