J.R. v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2018)

On July 8, 2016, Maureen Revaitis and Chris Revaitis filed a petition on behalf of their minor son, J.R., seeking compensation under the National Vaccine Injury Compensation Program. They alleged that J.R. developed Guillain-Barré Syndrome (GBS) caused in fact by an influenza vaccine administered on August 16, 2013.

The petition further stated that J.R. received the vaccination in the United States and continued to suffer residual effects of his GBS for more than six months, and that the petitioners had not received prior compensation for this alleged vaccine-caused injury. The respondent, the Secretary of Health and Human Services, denied that J.R.'s alleged GBS or any other condition was caused in fact by the influenza vaccine.

Despite maintaining their respective positions, the parties filed a joint stipulation on February 1, 2018, agreeing to settle the case and have a decision entered awarding compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the court's decision.

The award totaled $120,500.00. This amount included a lump sum of $120,000.00 payable to Maureen and Chris Revaitis as guardians or conservators of J.R.'s estate, and a lump sum of $500.00 payable to Maureen Revaitis.

The stipulation stated that these amounts represented all damages available under the Vaccine Act. Petitioners were represented by Lawrence R.

Cohan of Anapol Weiss, and respondent was represented by Debra A. Filteau Begley of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party.

The stipulation also noted that payments would be made in accordance with 42 U.S.C. § 300aa-15(i), subject to statutory fund availability, and that petitioners would provide documentation of their appointment as guardians/conservators before payments could be made. The parties also agreed to submit to further proceedings for the award of reasonable attorneys' fees and costs.