VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01318
Package ID: USCOURTS-cofc-1_16-vv-01318
Petitioner: Gabriela Broughal
Filed: 2016-10-11
Decided: 2020-11-04
Vaccine: influenza
Vaccination date: 2013-10-09
Condition: optic neuritis and a set of non-specific symptoms, including pain, weakness, paresthesias, visual problems, and other physical deficits
Outcome: compensated
Award amount USD: 32375

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01318-0
Date issued/filed: 2020-11-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/4/2020) regarding 63 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made.
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Case 1:16-vv-01318-UNJ Document 68 Filed 11/30/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1318V
Filed: November 4, 2020
* * * * * * * * * * * * *
GABRIELA BROUGHAL, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Optic Neuritis; Influenza
v. * (“Flu”) Vaccine; FluMist
* Vaccine
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Alison Haskins, Esq., Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Dhairya Jani, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On October 11, 2016, Gabriela Broughal [“Ms. Broughal” or “petitioner”] filed a petition
for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges
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 (“flu”)
vaccine on October 9, 2013. Stipulation, filed Nov. 4, 2020, at ¶¶ 1-4. Respondent denies that the
flu vaccine caused petitioner’s alleged optic neuritis or any other injury or her current condition.
Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On November 4, 2020, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request redaction “of any information furnished by that party: (1) that is
a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:16-vv-01318-UNJ Document 68 Filed 11/30/20 Page 2 of 7
Respondent agrees to issue the following payment:
A lump sum of $32,375.00 in the form of a check payable to petitioner, Gabriela
Broughal. This amount represents compensation for all damages that would be
available under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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