Linda Barton v. HHS - Influenza, Guillain Barre Syndrome (GBS) (2017)

Michael Barton, as administrator of the estate of Linda Barton, deceased, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program. The petition sought compensation for injuries allegedly related to Ms.

Barton's receipt of the influenza vaccine on or about October 3, 2013. Ms.

Barton was diagnosed with Guillain-Barre Syndrome (GBS), and the petitioner alleged that she experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms.

Barton's alleged GBS or any other injury or her death. The parties reached a stipulation to settle the case, agreeing that a decision should be entered awarding compensation.

Special Master George L. Hastings reviewed the file and concluded that the stipulation was appropriate.

The decision ordered that the petitioner shall receive a lump sum of $255,000.00, payable to the petitioner as the legal representative of the estate of Linda Barton, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The petition was filed on April 26, 2016, and the decision was issued on May 4, 2017.

The stipulation stated that it was a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, and that it was not an admission by the United States or the Secretary that the flu vaccine caused Ms. Barton's alleged GBS, any other injury, or her death.

The petitioner also agreed to submit to further proceedings for the award of reasonable attorneys' fees and costs.