Laurel Cutter v. HHS - Influenza, Guillain-Barre Syndrome (“GBS”) (2017)

Filed 2017-01-17Decided 2017-06-15Vaccine Influenza
compensated$150,000

Case summary [AI summaries can sometimes make mistakes]

Laurel Cutter, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 25, 2016. She alleged that she suffered Guillain-Barre Syndrome (GBS) caused by her September 30, 2014 influenza vaccination.

Ms. Cutter further alleged that she experienced residual effects of her injury for more than six months and that there had been no prior award or settlement of a civil action for damages on her behalf.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner to suffer GBS or any other injury. Nevertheless, on January 17, 2017, the parties filed a joint stipulation 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. Laurel Cutter was awarded a lump sum of $150,000.00, payable to petitioner, representing compensation for all items of damages available under the Vaccine Act.

The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Jeffrey S.

Pop of Jeffrey S. Pop & Associates, and respondent was represented by Douglas Ross of the U.S.

Department of Justice.

Theory of causation

Petitioner Laurel Cutter alleged that her September 30, 2014 influenza vaccination caused Guillain-Barre Syndrome (GBS). The respondent denied this allegation. The parties filed a joint stipulation on January 17, 2017, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner a lump sum of $150,000.00 for all damages. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. The case was settled via stipulation.

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