Kathaleen N. Vuinovich v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2018)

Filed 2016-10-11Decided 2018-05-14Vaccine Influenza
compensated$190,255

Case summary [AI summaries can sometimes make mistakes]

Kathaleen N. Vuinovich filed a petition for compensation under the National Vaccine Injury Compensation Program on October 11, 2016.

She alleged that she suffered from Guillain-Barre Syndrome (GBS) following an Influenza vaccination administered on October 26, 2015. Ms.

Vuinovich stated that the vaccine was administered in the United States, that she suffered the effects of the injury for more than six months, and that there had been no prior award or settlement for her condition. The respondent, the Secretary of Health and Human Services, denied that the influenza immunization caused petitioner's alleged GBS or any other injury.

Despite the respondent's denial, the parties filed a joint stipulation on February 8, 2018, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

The award included a lump sum of $190,000.00 payable to petitioner and an additional lump sum of $255.61 to reimburse a Medicaid lien, payable jointly to petitioner and the Division of Medical Assistance. These amounts were determined to cover all items of damages available under the Vaccine Act.

Petitioner was represented by Nancy Routh Meyers of Ward Black Law, and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice.

The decision was issued on May 14, 2018.

Theory of causation

Petitioner Kathaleen N. Vuinovich alleged Guillain-Barre Syndrome (GBS) following an Influenza vaccination on October 26, 2015. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The public decision does not describe the specific theory of causation, medical experts, or the mechanism of injury. The award was $190,000.00 as a lump sum and $255.61 for a Medicaid lien reimbursement. Chief Special Master Nora Beth Dorsey issued the decision on May 14, 2018, based on the stipulation. Petitioner counsel was Nancy Routh Meyers, and respondent counsel was Sarah Christina Duncan.

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