Gabriela Broughal v. HHS - Influenza, optic neuritis and a set of non-specific symptoms, including pain, weakness, paresthesias, visual problems, and other physical deficits (2020)

Filed 2016-10-11Decided 2020-11-04Vaccine Influenza
compensated$32,375

Case summary [AI summaries can sometimes make mistakes]

On October 11, 2016, Gabriela Broughal filed a petition for compensation under the National Vaccine Injury Compensation Program. Ms.

Broughal alleged that she developed optic neuritis and a set of non-specific symptoms, including pain, weakness, paresthesias, visual problems, and other physical deficits, after receiving an influenza vaccine on October 9, 2013. The respondent denied that the flu vaccine caused petitioner's alleged optic neuritis or any other injury or her current condition.

The parties reached a settlement, and on November 4, 2020, they filed a joint stipulation. As part of the settlement, the respondent agreed to pay Ms.

Broughal a lump sum of $32,375.00, payable to Gabriela Broughal, as compensation for all available damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded the compensation.

The public decision does not describe the specific type of influenza vaccine administered, the onset of symptoms, specific medical tests, treatments, or expert witnesses. The attorneys involved were Alison Haskins, Esq., for the petitioner, and Dhairya Jani, Esq., for the respondent.

Theory of causation

Petitioner Gabriela Broughal alleged that she developed optic neuritis and a set of non-specific symptoms, including pain, weakness, paresthesias, visual problems, and other physical deficits, after receiving an influenza vaccine on October 9, 2013. The respondent denied causation. The parties reached a settlement, and on November 4, 2020, Special Master Mindy Michaels Roth adopted a joint stipulation. The settlement included a lump sum award of $32,375.00 to petitioner for all damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The specific type of influenza vaccine administered is not detailed in the public decision.

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