Diane Streck v. HHS - Influenza, Guillain-Barre Syndrome (2016)

Filed 2016-07-13Decided 2016-10-03Vaccine Influenza
compensated$155,000

Case summary [AI summaries can sometimes make mistakes]

Diane Streck filed a petition for compensation under the National Vaccine Injury Compensation Program on July 13, 2016, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of her October 14, 2013 influenza vaccine. She further alleged that her injury persisted for more than six months and that there had been no prior award or settlement for her injury.

The respondent denied that the flu vaccine caused or aggravated her GBS. Despite the respondent's denial, the parties filed a joint stipulation for compensation on July 12, 2016.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Diane Streck a lump sum of $155,000.00, payable to petitioner, representing compensation for all items of damages available under the Vaccine Act.

The decision was based on the joint stipulation of the parties. Edward M.

Kraus represented the petitioner, and Traci R. Patton represented the respondent.

The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert testimony.

Theory of causation

Petitioner Diane Streck alleged that she suffered Guillain-Barre Syndrome (GBS) as a result of her October 14, 2013 influenza vaccine. The respondent denied that the flu vaccine caused or aggravated petitioner's GBS. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $155,000.00 to petitioner. The public decision does not detail the specific theory of causation, mechanism of injury, expert testimony, or the specific terms of the award beyond the lump sum amount. The decision was based on a joint stipulation between the parties. Attorneys involved were Edward M. Kraus for the petitioner and Traci R. Patton for the respondent. The decision date was October 3, 2016.

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