Joseph Barcello v. HHS - Influenza, Guillain-Barré Syndrome (2017)
Case summary [AI summaries can sometimes make mistakes]
On February 5, 2016, Joseph Barcello filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine he received on September 19, 2014. He further alleged that he suffered residual effects from the GBS for more than six months.
The respondent denied that the flu vaccine caused petitioner's GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on April 6, 2017, stating that a decision should be entered awarding compensation.
Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable. The court awarded Joseph Barcello a lump sum of $106,000.00, payable by check to the petitioner.
This amount was intended to compensate for all items of damages available under the Vaccine Act. The decision was issued on December 6, 2017.
Bruce William Slane represented the petitioner, and Jennifer Leigh Reynaud represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner Joseph Barcello alleged that he suffered Guillain-Barré Syndrome (GBS) and its residual effects for more than six months as a result of an influenza ("flu") vaccine received on September 19, 2014. The respondent denied that the flu vaccine caused petitioner's GBS or any other injury. The parties filed a joint stipulation for damages, agreeing to an award without detailing the specific theory of causation or presenting expert testimony in the public decision. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $106,000.00 to the petitioner. The decision was issued on December 6, 2017. Petitioner was represented by Bruce William Slane, and respondent was represented by Jennifer Leigh Reynaud.
Source PDFs
USCOURTS-cofc-1_16-vv-00180